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On September 11, 2026, the NAM filed an amicus brief asking the National Labor Relations Board to overturn the problematic Cemex framework it established in 2023, which allows the Board to order union recognition without a secret ballot election upon the finding of an "unfair labor practice" under the National Labor Relations Act. In this case, the Teamsters union alleged that a majority of Amazon employees in San Francisco signed authorization cards designating the Teamsters as their union representative. The employees did not conduct a secret ballot election to vote on their representation. The union claims that Amazon violated the NLRA by failing to recognize and bargain with it, despite Supreme Court precedent in Linden Lumber, stating that employers do not violate the Act solely by refusing “to accept evidence of majority status other than the results of a Board election.” Unfortunately, the ALJ agreed with the union and found Amazon violated the NLRA. Applying the Cemex framework, the judge issued a bargaining order. The instant appeal to the NLRB followed. Our amicus brief emphasizes the unlawful nature of Cemex, which forces employees to vote for or against the union in front of coworkers and union organizers by signing or not signing authorization cards. This is a flawed system that does not accurately reflect employee sentiment, violates Supreme Court precedent and should be overturned.