6th Circuit dumps Cemex

Even though employees voted 45–14 against the Teamsters, the NLRB ordered an employer to recognize the union. That was based on the NLRB’s 𝘊𝘦𝘮𝘦𝘹 decision.

The NLRB found that the employer committed unfair labor practices that interfered with a union election. As a remedy, the Board ordered the employer to bargain. The 6th Circuit upheld the ULP finding but denied enforcement of the bargaining order.

The bargaining order was based solely on the NLRB’s 𝘊𝘦𝘮𝘦𝘹 decision under which the Board issues a bargaining order even though there is no finding that the unfair labor practices made a fair election unlikely or impossible.

The court held that the Cemex standard was created through an unlawful exercise of adjudicatory authority because it was not created as a means to resolve the parties’ dispute or undo the effects of the parties’ violative conduct. The court said, “to formulate such a general, forward-looking policy that does not serve its case-specific remedial responsibilities, the Board would need to use the rulemaking process.”

The case is Brown-Forman v. NLRB (6th Cir 03/06/2026) [PDF]