What employers should know about key developments this week:

• Sixth Circuit Rejects Cemex Bargaining Order: The U.S. Court of Appeals for the Sixth Circuit refused to enforce a bargaining order issued under the National Labor Relations Board's (NLRB's) 2023 Cemex standard.
• Cemex Remains in Effect Outside the Sixth Circuit: The NLRB continues to treat Cemex as binding policy in all other jurisdictions, leaving employers outside the Sixth Circuit's reach exposed to bargaining orders under the standard.
• A Formal Reversal May Be Coming: With its current composition, the NLRB is widely expected to reject Cemex outright when the appropriate case arises—thereby restoring the long-standing framework requiring unions to win a representation election before gaining recognition.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Steven M. Swirsky provides insights on the Sixth Circuit's decision and what it means for employers navigating union recognition demands.

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