NLRB Denied Bid to Restore Policymaking Power in Sixth Circuit

A full federal appeals court declined to rethink a ruling that threatens the National Labor Relations Board’s foundational power to set federal labor policy through individual case decisions.

The US Court of Appeals for the Sixth Circuit on Tuesday rejected the NLRB’s request for an en banc rehearing of a divided panel’s finding that the board couldn’t create a new framework for discouraging labor law violations before union elections in its Cemex Construction Materials Pacific LLC decision.

The court’s choice denies the NLRB an opportunity to revive its policy-setting authority in the Sixth Circuit and discourage other circuits from repudiating ...