In a recent SHRM article, titled Recent Decisions and Early Policy Signals Under the ‘New NLRB,’ Kimberly Ricci outlines the deluge of Board decisions (and relevant appeals court rulings) that have rolled out as the new NLRB’s agenda takes shape.
Employers will want to take note of these highlights, which include Ex-Cell-O and Cemex developments:
- The new GOP-majority NLRB and General Counsel Crystal Carey have moved quickly in early 2026, signaling a more employer-friendly direction
- The Sixth Circuit rejected a Cemex bargaining order, finding the Biden-era Board exceeded its authority. The Ninth and D.C. Circuits have shown similar skepticism
- The GOP members declined to revisit Biden-era Thryv “make whole” remedies for now, but will likely revisit when the Board reaches full membership
- The Board preserved the Ex-Cell-O standard, rejecting expanded remedies in refusal-to-bargain cases on the grounds that they would chill both court review and good-faith bargaining
- The 2020 joint employer rule is back, requiring “substantial direct and immediate” control before joint employer liability attaches.
- The Board confirmed Regional Directors can certify election results independently, protecting operations if the Board loses quorum in August
- Carey is prioritizing settlement over litigation, tightening case intake procedures, and focusing on clearing the backlog
Read the full article on SHRM: (membership required)
Recent Decisions and Early Policy Signals Under the ‘New NLRB’
