Federal Appeals Court Invalidates Key NLRB Union Organizing Standard
The Biden-era Cemex standard is invalid, the U.S. Court of Appeals for the 6th Circuit ruled, because it was not derived from the facts of the specific case and, by treating it as a new standard, the National Labor Relations Board (NLRB) effectively engaged in rulemaking outside of the notice-and-comment process required by the Administrative Procedure Act. Following the decision, the Coalition for a Democratic Workplace (CDW), a group of hundreds of organizations representing businesses, is urging the NLRB to issue a rule rescinding its Cemex decision and restore the previous framework for union representation procedures.
