Trader Joe’s United Seeks Bargaining Order Under New NLRB Cemex Ruling

On Monday August 28, Trader Joe’s United filed what is likely the first request for a bargaining order under the NLRB’s recent Cemex decision.

The Board’s Cemex ruling, handed down on Friday, paves the way for workers to win union recognition without a representation election when there is majority support for the union. In instances where an employer commits unfair labor practices leading up to an election, the Board can order the employer to recognize and bargain with the union.

In March, the Essex Crossing Trader Joe’s in New York City filed for an election with Trader Joe’s United, with a majority of workers in support of unionization. The union lost the election in a tie vote, 76-76. During the campaign, Trader Joe’s United filed multiple unfair labor practice charges against the employer, including surveillance and retaliation.

“The union went in with well over majority support, and it’s clear that we lost votes because of these ULPs,” said Seth Goldstein, an attorney for Trader Joe’s United.

Trader Joe’s United released the following statement about yesterday’s filing:

“We are thrilled that workers at the Essex store have this opportunity for union recognition under the new Cemex ruling. Cemex is a groundbreaking decision that will help workers across the country, including Trader Joe’s crew members, exercise their right to organize without unlawful interference from their employer. 

The intensity of an employer’s union busting campaign can be hard to understand unless experienced firsthand. Threats, coercion, interrogation, and blatant misinformation, along with pitting workers against each other, are all par for the course when an employer wants to stop worker power in its tracks. These kinds of tactics were a significant factor in the Essex election, but Cemex has leveled the playing field and given Essex workers a new opportunity for unionization, despite the employer’s blatant union-busting.”