The National Federation of Independent Business (NFIB) has filed an amicus brief in a case concerning the National Labor Relations Board’s (NLRB) new framework for union elections.
In August 2023, the NLRB resurrected parts of its old Joy Silk doctrine to allow workers to organize by signing cards indicating their support for unionizing. The doctrine had been abolished by the Supreme Court’s ruling in NLRB v Gissel Packing in 1969 and replaced with the secret ballot standard that had been commonplace until the NLRB’s new policy went into effect last year. The new standard effectively makes it easier for the NLRB to order employers to recognize and bargain with a union and places the burden on businesses to petition for a secret ballot election.
“The new standard affects various small businesses across the country,” said Beth Milito, executive director of NFIB’s Small Business Legal Center. “The NLRB ignored precedent and rolled out an unreasonable standard by putting the burden on employers to petition the NLRB for a secret ballot election. At a minimum, the board should adhere to normal procedure and allow public input for new standards that will affect employers throughout the country.”
The case through which the NLRB is attempting to revive the Joy Silk doctrine is Cemex Construction Materials Pacific, LLC v. National Labor Relations Board. The NFIB’s brief has been added to that case’s list of documents.