Posts tagged Gissel Packing
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.
Court says small trucking company must negotiate with union defeated in a vote
February 24, 2026 // The company had 109 employees at the time of the unionization drive, which meant the union needed to either win an election with at least 55 votes or secure 55 written authorizations in favor of unionization. The latter is a process known in some labor circles as “card check.” The union obtained 61 cards. But in August 2021, a representation vote found the union on the losing end of a 65-30 outcome.
Legal Update: Three Major NLRB Updates Pose New Challenges for Employers
December 9, 2024 // Employers must remain diligent in staying abreast of these recent shifts in labor law and policy, especially on the cusp of an administration change. While GC Abruzzo’s term appears likely to end early in 2025, and the Board majority could flip in 2025 or 2026, the new Republican administration’s position on labor policy remains unclear, especially in light of the recent nomination of a pro-labor nominee to lead the Department of Labor.
Commentary: The NLRB’s “Laboratory Conditions” Are Overdue for Inspection
October 7, 2024 // In several lines of precedent since the passage of the 1947 Taft-Hartley amendments, courts have ignored or glossed over this textual problem and have allowed the NLRB to police campaign misconduct quite closely. Most relevant here is the doctrine first announced in General Shoe Corporation. The Shoe Workers Union objected to its election loss at a plant in Pulaski, Tennessee, and charged the employer with co-extensive unfair labor practices. The employer’s president was shown to have lectured employees personally about their union support. Finding that no unfair labor practice had been proven, the Board nevertheless set aside the Union’s loss,
Opinion: NLRB Trips Over Itself to Promote the SEIU
May 11, 2023 // Now the NLRB has launched a new tactic to “encourage” union wins—a preemptive bargaining order requiring an employer to recognize and bargain with a union. So-called Gissel bargaining orders are meant to be used only in particularly egregious cases where an employer is alleged to have engaged in misconduct so pervasive that no fair election could be held. In the case of a Starbucks store in Overland Park, Kansas, however, NLRB administrative law judge (ALJ) Arthur Amchan recently decided to impose a Gissel bargaining order to cover a re-run election that hasn’t even been scheduled yet. That is truly egregious.