Posts tagged Sixth Circuit Court of Appeals
Commentary: Short-Term Gains, Long-Term Harm: The Real Cost of Union Monopoly Power
May 22, 2026 // The Mercatus paper's survey findings cut against the union narrative in ways that should matter to anyone who follows labor policy. When asked directly, workers say they prefer unions that cooperate with management over unions that are more powerful but adversarial. They prefer having multiple options for representation rather than one organization with legal monopoly control over their workplace. And union progressive political activity and strikes, the two things union leadership most reliably prioritizes, are the only factors that consistently make workers less favorable toward organized labor.
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.
Michigan-Based Rieth-Riley Asphalt Worker Submits Legal Brief Urging 6th Circuit to Protect Workers’ Right to Vote Out Unpopular Union
July 28, 2025 // While Kent and his fellow employees were eventually able to exercise their right to vote on the IUOE, the NLRB in 2022 dismissed his petitions and halted the election, declining to count the already-cast ballots just hours before the vote tally, calling it a “merit-determination” dismissal. This dismissal was based on unfair labor practice allegations the IUOE filed against Rieth-Riley management in 2018. But the NLRB never held a hearing on whether those alleged practices had any connection to Kent and his coworkers’ desire to oust the union. Kent’s brief urges the Sixth Circuit to use Rieth-Riley Construction Co. as an opportunity to invalidate the NLRB’s “merit-determination” dismissal policy. The brief also asks the Court to order the NLRB to take the long-overdue step of counting the ballots in Mr. Kent’s decertification election, so he and his coworkers can properly exercise their right to vote on the union.