{"id":12363,"date":"2026-03-11T15:31:00","date_gmt":"2026-03-11T20:31:00","guid":{"rendered":"https:\/\/www.brightmine.com\/us\/?post_type=resources&p=12363"},"modified":"2026-03-12T15:40:22","modified_gmt":"2026-03-12T20:40:22","slug":"6th-circuit-limits-nlrb-union-bargaining","status":"publish","type":"resources","link":"https:\/\/www.brightmine.com\/us\/resources\/hr-compliance\/employment-law-updates\/6th-circuit-limits-nlrb-union-bargaining\/","title":{"rendered":"6th circuit limits NLRB’s ability to compel union bargaining"},"content":{"rendered":"\n
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by Robert S. Teachout<\/strong>, Brightmine Legal Editor<\/p>\n<\/div>\n\n\n\n

The 6th Circuit Court of Appeals has become the first federal appeals court to reject the National Labor Relations Board’s (NLRB’s) use of its Cemex<\/em> framework to impose bargaining orders. A recent ruling from the Court limits the Board’s ability to require an employer to recognize and bargain with a union without the union winning an election.<\/p>\n\n\n\n

The split court held, 2-1, that the NLRB overstepped its powers in its Cemex<\/em> decision, which requires employers who violate labor laws during union-organizing drives to bargain with unions even when the workers vote against joining.<\/p>\n\n\n\n

Case background<\/h2>\n\n\n\n

Brown-Forman Corporation v. NLRB<\/a><\/em> grew out of an organizing campaign at Brown-Forman’s Woodford Reserve distillery in Kentucky. After learning about the unionization effort, the company announced several workplace changes:<\/p>\n\n\n\n