Posts tagged Cemex framework
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.
Sixth Circuit Rejects NLRB’s Cemex Bargaining Order Framework
March 15, 2026 // On March 6, 2026, the U.S. Court of Appeals for the Sixth Circuit issued a significant decision in Brown‑Forman Corporation d/b/a Woodford Reserve Distillery v. National Labor Relations Board, rejecting the Board’s controversial 2023 Cemex Construction framework, which altered the longstanding standard for union recognition and expanded the circumstances under which the Board could issue bargaining orders—even when a union did not win an election.