Is Cemex Still Valid? Sixth Circuit Creates Uncertainty

Employment Law This Week · Apr 1, 2026 · 4m

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…