Professor Matthew Bodie Discusses Upcoming Appeal of NLRB's Cemex Ruling

Professor Matthew Bodie was quoted in Bloomberg Law about the upcoming oral argument in the Ninth Circuit Court of Appeals regarding the National Labor Relations Board's ruling in Cemex Construction Materials Pacific LLC.  The case concerns the Board's new approach to unfair labor practices committed by an employer in the context of a union representation campaign.  Under the Cemex decision, if the union has the support of the majority of the employees in the bargaining unit when it requests recognition from the employer, the employer will forfeit its right to an election if it violates labor law during the representation campaign.  The Ninth Circuit's decision will be the first judicial review of the Board's Cemex standard.  “Clearly it’s the biggest case that the board has decided in the last 20 years, at least,” said Bodie. “It’s seen as a real sea change.”