Posts tagged 6th U.S. Circuit Court of Appeals
US court nixes NLRB ruling allowing for unionizing without elections
March 10, 2026 // A U.S. appeals court has ruled that the National Labor Relations Board overstepped its powers when it issued a major ruling requiring employers that violate labor laws during union organizing drives to bargain with unions even when workers vote against joining them. The Cincinnati-based 6th U.S. Circuit Court of Appeals in a 2-1 ruling, opens new tab on Friday called the board's 2023 decision in Cemex Construction Materials Pacific "rulemaking under the guise of an adjudication" that went far beyond the NLRB's authority to issue fact-based rulings and specific remedies in individual cases.
Supreme Court to hear Starbucks case about fired pro-union employees
April 24, 2024 // After investigating, an NLRB regional director issued an unfair labor practice complaint. The agency then sought an injunction to get the company to rehire the employees, under section 10(j) of the National Labor Relations Act. A U.S. district court judge granted the injunction and the 6th U.S. Circuit Court of Appeals upheld the decision. Starbucks said the workers were fired for violating company policy when they invited local journalists into a closed store and appealed the case to the high court.
Challenges remain in meeting OSHA’s vaccine mandate
November 30, 2021 // At some point over the next few weeks, lawyers from the Department of Labor will attempt to convince judges from the 6th U.S. Circuit Court of Appeals that the Occupational Safety and Health Administration's vaccination and testing Emergency Temporary Standard is “feasible.” In so doing, they must demonstrate to the Court that employers can implement the ETS, including assessing and recording every employee's vaccination status.