A new 6th Circuit decision gives employers an important appellate win on one of the most consequential labor law developments of the past several years. The court’s March 6 ruling refused to enforce a bargaining order issued by the National Labor Relations Board under the framework set by the controversial 2023 Cemex decision. While that is welcome news for employers, it should not be mistaken for a green light to take a more aggressive approach during union organizing campaigns. Unfair labor practices committed during an organizing drive can still result in rerun elections and, in the right case, even bargaining orders under pre-Cemex law. So what should employers make of the latest appellate setback for a signature Biden-era Board doctrine? And what are some practical steps you can take right now?

The Radical Cemex Framework

To understand the significance of this ruling, it helps to revisit what Cemex did. As we noted when the Board issued that decision in August 2023, Cemex dramatically changed the way employers must respond to union recognition demands.

• For decades, employers generally could decline voluntary recognition and insist on a secret-ballot election.
• Under Cemex, however, when a union demands recognition based on claimed majority support, an employer that does not voluntarily recognize the union must move promptly to file its own election petition if it wants a Board-conducted election.
• More importantly, if the employer commits unfair labor practices that...

Read Full Story: https://news.google.com/rss/articles/CBMiigFBVV95cUxONFNHd2tVc0ZlYWdLVUdsa3Bp...