NLRB Seeks Full Sixth Circuit Review of Decision Dampening Power

The National Labor Relations Board is challenging a federal appeals court ruling that strikes at its fundamental authority to set national labor policy through individual case decisions.

The NLRB asked the full US Court of Appeals for the Sixth Circuit to review a divided panel opinion holding that the board couldn’t create a new framework designed to better police union elections in its Cemex Construction Materials Pacific LLC decision.

“Rather than recognize, as the Supreme Court directs, the vast latitude Congress afforded to the Board to create policy through rulemaking or adjudication, the majority imposes procedural limits on that broad ...