Sixth Circuit Rejects NLRB’s Cemex Bargaining Order Standard as Improper Rulemaking
March 24, 2026 – The United States Court of Appeals for the Sixth Circuit, in Brown-Forman Corp. v. NLRB, recently held 2-1 that the NLRB’s Cemex bargaining order framework was improperly established through the NLRB’s administrative unfair labor practice adjudication process rather than formal administrative agency rulemaking. The court vacated the Board’s bargaining order and […]