Posts tagged Woodford Reserve
A Federal Court Limits the NLRB’s Power to Force Union Bargaining: What Hospitality Employers Should Know
May 5, 2026 // On March 6, 2026, the U.S. Court of Appeals for the Sixth Circuit issued a significant decision in Brown-Forman Corp. v. National Labor Relations Board. The case addresses how the National Labor Relations Board (Board) may impose bargaining orders when employers interfere with union organizing campaigns
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.
Editorial Board: In defense of the secret ballot
March 15, 2026 // In the case decided by the 6th Circuit, Brown-Forman challenged the basis for the NLRB’s Cemex ruling and won. The supposedly unfair labor practice committed at its Woodford Reserve bourbon distillery was giving workers a $4-per-hour raise, expanding merit-based salary increases, offering more vacation time and providing free bottles of bourbon. The employees voted 45-14 against unionizing, but the NLRB ordered the company to bargain with that union anyway. The advantage of secret-ballot elections is that workers are free of coercion by unions or employers when deciding whether they wish to unionize. It also ensures that their decisions are anonymous, so they won’t fear retaliation or harassment by aggressive union organizers or the people who pay their salaries. A secret ballot is far more likely to reflect their true views.