Is Cemex Still Valid? Sixth Circuit Creates Uncertainty

What employers should know about key developments this week:

Sixth Circuit Rejects Cemex Bargaining Order: The U.S. Court of Appeals for the Sixth Circuit refused to enforce a bargaining order issued under the National Labor Relations Board’s (NLRB’s) 2023 Cemex standard.
Cemex Remains in Effect Outside the Sixth Circuit: The NLRB continues to treat Cemex as binding policy in all other jurisdictions, leaving employers outside the Sixth Circuit’s reach exposed to bargaining orders under the standard.
A Formal Reversal May Be Coming: With its current composition, the NLRB is widely expected to reject Cemex outright when the appropriate case arises—thereby restoring the long-standing framework requiring unions to win a representation election before gaining recognition.

In this episode of Employment Law This Week^®, Epstein Becker Green attorney Steven M. Swirsky provides insights on the Sixth Circuit's decision and what it means for employers navigating union recognition demands.

Is Cemex Still Valid? Sixth Circuit Creates Uncertainty
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