Sixth Circuit Rejects NLRB's Cemex Bargaining Order Framework

What Employers Need to Know

In a significant decision for employers, the US Court of Appeals for the Sixth Circuit has vacated the National Labor Relations Board's (NLRB) controversial Cemex bargaining‑order framework, holding that the Board exceeded its authority by effectively creating new national labor policy through case adjudication rather than rulemaking. While the court upheld findings that the employer committed unfair labor practices, it rejected the NLRB's use of Cemex to impose a bargaining order and remanded the case for reconsideration under existing legal standards.

Background: The Cemex Framework

In 2023, the NLRB issued its decision in Cemex Construction Materials Pacific LLC, establishing a new framework governing union demands for recognition. Under Cemex, when a union presented evidence of majority support and the employer declined voluntary recognition, the employer was required to promptly file a petition for an election. If the employer