Posts tagged NLRB v. Gissel Packing
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.
Littler Lightbulb – March 2026 Employment Appellate Roundup
April 21, 2026 // This Littler Lightbulb highlights some of the more significant employment and labor law developments in the federal courts of appeal in the last month.
Sixth Circuit Dumps NLRB’s Cemex Ruling to Police Elections
March 9, 2026 // Beyond negating Cemex in the Sixth Circuit, the court’s decision strikes a blow at the NLRB’s fundamental authority to set national labor policy through individual case rulings. While the board is expected to overturn Cemex after its Republican majority gets a crucial third member, the current members recently emphasized their preference for setting policy through case adjudication rather than rarely used rulemaking power. Under Cemex, the NLRB can impose a bargaining order when an employer that was presented with a valid demand for union recognition commits unfair labor practices in the runup to a vote.
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.