Breaking: Sixth Circuit Strikes Down NLRB Cemex Bargaining Order

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Subject: Breaking: Sixth Circuit Strikes Down NLRB Cemex Bargaining Order

March 6, 2025

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Breaking: Sixth Circuit Strikes Down NLRB Cemex Bargaining Order

by Michael VanDervort

What happened:
The U.S. Court of Appeals for the Sixth Circuit refused to enforce an NLRB bargaining order issued under the Board’s controversial Cemex framework, marking one of the first major appellate tests of the rule.

Under the 2023 decision in Cemex Construction Materials Pacific, LLC, the National Labor Relations Board created a new pathway that allows unions to demand recognition based on majority support cards. If an employer refuses and commits certain unfair labor practices during the organizing campaign, the Board can issue a bargaining order without holding a new election.

In this case, the Sixth Circuit declined to enforce such an order, signaling skepticism about the Board’s attempt to expand the use of bargaining orders beyond the traditional limits set by the Supreme Court.

Why it matters:
The Cemex decision was widely viewed as the NLRB’s most aggressive pro-organizing policy shift in decades.

If other federal courts follow the Sixth Circuit’s lead, the Board’s ability to impose bargaining orders in organizing disputes could face serious constraints.

Read the opinion:
https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0070p-06.pdf

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Contributing editors for this issue: Michael VanDervort

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Subject: Breaking: Sixth Circuit Strikes Down NLRB Cemex Bargaining Order

What happened:The U.S. Court of Appeals for the Sixth Circuit refused to enforce an NLRB bargaining order issued under the Board’s controversial Cemex framework, marking one of the first major appellate tests of the rule.

Why it matters:The Cemex decision was widely viewed as the NLRB’s most aggressive pro-organizing policy shift in decades.

What happened:
The U.S. Court of Appeals for the Sixth Circuit refused to enforce an NLRB bargaining order issued under the Board’s controversial Cemex framework, marking one of the first major appellate tests of the rule.

Why it matters:
The Cemex decision was widely viewed as the NLRB’s most aggressive pro-organizing policy shift in decades.