On August 25, 2023, the National Labor Relations Board (NLRB) issued a decision announcing a new framework for union representation proceedings. In Cemex Construction Materials Pacific, LLC, the NLRB ruled that when a union requests recognition on the basis that a majority of employees in an appropriate bargaining unit have designated the union as their representative, an employer is required to recognize and bargain with the union, or promptly file an RM petition seeking an election. If an employer who seeks an election commits any unfair labor practice that would require setting aside the election, the petition will be dismissed and the Board will order the employer to recognize and bargain with the union. The new standard differs from the historical standard set in Joy Silk, which required an employer to bargain with a union unless it had a good-faith doubt of the union’s majority status. For more information, see the NLRB press release.