Sixth Circuit Dumps NLRB’s Cemex Ruling to Police Elections

A federal appeals court rejected the NLRB’s landmark Biden-era ruling that aimed to discourage employers from violating labor law before union elections.

The National Labor Relations Board overstepped its authority in 2023’s Cemex Construction Materials Pacific LLC, which was a rulemaking disguised as the adjudication of a dispute, a divided US Court of Appeals for the Sixth Circuit held Friday in a decision involving a Kentucky bourbon distillery.

The board had relied on Cemex to order Brown-Forman Corp., which does business as Woodford Reserve Distillery, to bargain with an International Brotherhood of Teamsters affiliate that lost a representation election. ...