Poured Out: Sixth Circuit Overturns NLRB Order, Signaling Cracks in Cemex

On March 6, 2026, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Brown-Forman Corp. v. NLRB—marking the first time a federal appellate court has rejected the NLRB’s Cemex bargaining order framework. Brown-Forman arose from a union organizing campaign that began “brewing” at a Kentucky bourbon distillery, where management moved quickly to “bottle” the momentum; offering increased wages, benefits and (shortly before the election) free bourbon. The union lost the vote by a... By: Sheppard, Mullin, Richter & Hampton LLP