27 www.ortrucking.org Issue 2 | 2024 under the National Labor Relations Act (NLRA) in favor of a test that lessens the importance of entrepreneurial opportunity. The NLRB also enacted a rulemaking that would reduce the time between filing a petition for a representation election and the actual election to as little as 20 days, thus giving employers less time advocate their views. In another decision, Cemex Construction Materials Pacific, LLC, the NLRB offered up something just short of the cardcheck legislation organized labor has long sought in Congress. Under Cemex, an employer presented with signed authorization cards from the majority of a bargaining unit generally has the option of recognizing and bargaining with the unit or having to itself file a petition for election withing 14 days. This effectively shifts the burden of demonstrating whether the union has majority support. Moreover, if the NLRB finds an employer commits an unfair labor practice during the time after the authorization cards are presented, the NLRB can order bargaining and forego the election. And finally, the NLRB has issued a joint employer rule that will make it easier to find entities with indirect or intermediate control over a single essential term or condition of employment to be a joint employer subject to bargaining. Just as the UAW has said it will target nonunion companies, trucking companies should take steps to be prepared for the Teamsters to target non-union companies. The USDOL, staffed with political appointees who share the belief voiced by the Wage and Hour Division Administrator during the Obama administration that basically every worker is an employee, finalized a rulemaking to repeal and replace a regulation setting forth the test for determining worker status under the Fair Labor Standards Act (FLSA). Labor and its allies pressed the USDOL and its acting Secretary, former California Labor Commissioner and AB five proponent, Julie Su, to fashion a test more likely to result in an employee status
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