Federal Appeals Court Rejects Biden-Era Bargaining-Order Framework, But Employers Should Not Relax During Organizing Drives
A new 6th Circuit decision gives employers an important appellate win on one of the most consequential labor law developments of the past several years. The court’s March 6 ruling refused to enforce a bargaining order issued by the National Labor Relations Board under the framework set by the controversial 2023 Cemex decision. While that is welcome news for employers, it should not be mistaken for a green light to take a more aggressive approach during union organizing campaigns. Unfair labor practices committed during an organizing drive can still result in rerun elections and, in the right case, even bargaining orders under pre- Cemex law. So what should employers make of the latest appellate setback for a signature Biden-era Board doctrine? And what are some practical steps you can take right now? The Radical Cemex Framework To understand the significance of this ruling, it helps to revisit what Cemex did. As we noted when the Board is...