Posts tagged 6th Circuit Court of Appeals
Ninth Circuit Affirms Bargaining Order in Cemex Without Opining on NLRB’s Cemex Framework
April 25, 2026 // The Ninth Circuit could have joined the Sixth Circuit in rejecting the Cemex Framework outright, or it could have affirmed the Cemex Framework, which would have established a circuit split and set the stage for Supreme Court review. By choosing to do neither, the Ninth Circuit’s decision means the Board’s authority to issue bargaining orders under the Cemex Framework will remain unsettled. In the meantime, employers outside of the Sixth Circuit (Michigan, Ohio, Kentucky, Tennessee) should be aware that the Board will likely continue to enforce the union-friendly Cemex Framework (as it did after Brown-Forman). Dinsmore’s labor and employment attorneys will continue tracking these developments closely and provide updates as courts weigh in on the future of the Cemex Framework.
Editorial Board: In defense of the secret ballot
March 15, 2026 // In the case decided by the 6th Circuit, Brown-Forman challenged the basis for the NLRB’s Cemex ruling and won. The supposedly unfair labor practice committed at its Woodford Reserve bourbon distillery was giving workers a $4-per-hour raise, expanding merit-based salary increases, offering more vacation time and providing free bottles of bourbon. The employees voted 45-14 against unionizing, but the NLRB ordered the company to bargain with that union anyway. The advantage of secret-ballot elections is that workers are free of coercion by unions or employers when deciding whether they wish to unionize. It also ensures that their decisions are anonymous, so they won’t fear retaliation or harassment by aggressive union organizers or the people who pay their salaries. A secret ballot is far more likely to reflect their true views.