NLRB Pushes Forward with Cemex—Despite Sixth Circuit Setback

In March 2026, the Sixth Circuit Court of Appeals dealt a significant blow to the National Labor Relations Board’s Cemex framework for issuing bargaining orders. Originally adopted in 2023, Cemex dramatically expanded the Board’s power by discarding more than 50 years of Supreme Court precedent. The Sixth Circuit rejected that move, ruling that the Board overstepped its authority by effectively creating new rules through case decisions rather than formal rulemaking.... By: Dinsmore & Shohl LLP