Labor/Employment
Oct. 3, 2024
Set in concrete? The NLRB's Cemex ruling and the future of labor arbitration
The Cemex may offer a new path to union representation and access to voluntary labor arbitration by establishing a new bargaining order that holds employers accountable for their unfair labor practices committed during union organizing drives.
Christopher David Ruiz Cameron
Justice Marshall F. McComb Professor of Law, Southwestern Law School
In my last column, I observed that the institution of mandatory, predispute employment arbitration has grown by leaps and bounds. In 1992, just two percent of U.S. workers were subject to this form of arbitration; a decade later, the figure had jumped to about 25 percent; and by 2018, it had risen to 55 percent. Today, nearly 60 million workers are subject to mandatory, predispute employment arbitration (Is Arbitration Under Attack? A...
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