Sixth Circuit Points Out Limits of NLRB Adjudicatory Rulemaking

In Brown-Forman v. NLRB, the U.S. Court of Appeals for the Sixth Circuit became the first federal circuit court to review the National Labor Relations Board’s recent Cemex decision. The court found the Board engaged in improper rulemaking when it altered decades of precedent by mandating a bargaining order whenever the employer commits unfair labor practices (ULPs) that require setting aside a union election.... By: Littler