AGC of America joined a coalition amicus brief filed in the U.S. Court of Appeals for the Sixth Circuit on April 23, 2025, in Brown-Forman Corp. v. National Labor Relations Board (NLRB). The brief supports Brown-Forman Corporation’s efforts to invalidate the NLRB’s 2023 Cemex decision. The Cemex decision makes it easier for unions to gain recognition without a secret-ballot election.
The brief argues that Cemex improperly shifts burden from unions to employers by requiring an employer, upon a union’s request for 9(a) voluntary recognition, to either recognize the union or file a petition for an election. This ruling departs from longstanding precedent that placed the onus on unions to petition for an election if voluntary recognition was refused. The brief further argues that the Cemex standard improperly allows the NLRB to order employers to bargain with unions – even when employees have voted against union representation – whenever an employer is found to have committed an unfair labor practice, regardless of its severity. This approach, the brief contends, overturns longstanding Supreme Court precedent holding that bargaining orders should be rare and reserved only for cases where employer misconduct renders a fair election impossible.
AGC’s involvement in this brief defending the integrity of secret-ballot elections and protects against unwarranted bargaining obligations. It was made possible by donations to the association’s Construction Advocacy Fund. To learn more about the fund and to make a contribution in support of AGC’s advocacy efforts, visit constructionadvocacyfund.agc.org.
For more info, contact Denise Gold, Vice President, Corporate & Labor Legal Affairs, at denise.gold@agc.org or (703) 837-5326.