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Articles by Ashley Pack
NLRB Asks Sixth Circuit to Revisit its Rejection of Cemex
In 2023, the NLRB implemented the Cemex framework, which allowed the NLRB to impose remedial bargaining orders even where a fair rerun election might be possible. In March 2026, a three-judge panel at the Sixth Circuit Court of Appeals rejected the Cemex framework as an improper exercise of the NLRB’s adjudicatory authority. The NLRB has asked for a rehearing of the Sixth Circuit’s decision before all judges on the Sixth Circuit.
SCOTUS Confirms Federal Courts Retain Jurisdiction over Stayed FAA Actions
On May 14, 2026, the U.S. Supreme Court unanimously gave litigants a clearer and more practical rule: when a federal court properly takes a case and stays it for arbitration under Section 3 of the Federal Arbitration Act, that same court can later confirm or vacate the award. The parties do not need to prove federal jurisdiction all over again for the post-arbitration motions.
Sixth Circuit Outlines the Requirements for 10(j) Injunctions After Starbucks: No Injunction Without Proof of Irreparable Harm
Sixth Circuit applies Starbucks, requiring full four-factor test for Section 10(j) injunctions. NLRB must prove irreparable harm with concrete evidence; Court will not presume harm based on likelihood of success. Injunction vacated despite Board’s strong merits position because evidence of harm was anecdotal and speculative. On May 1, 2026, in Elizabeth Kerwin v.
Law360 | The Practice of Law
By Ashley Pack and Jeremy Smith · May 7, 2026, 5:44 PM EDT On April 21, in International Brotherhood of Teamsters v. National Labor Relations Board, the U.S. Court of Appeals for the Ninth Circuit affirmed the NLRB's issuance of a bargaining order in... To view the full article, register now.
9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework
By Ashley Pack and Jeremy Smith ( May 7, 2026, 5:44 PM EDT) -- On April 21, in International Brotherhood of Teamsters v. National Labor Relations Board, the U.S. Court of Appeals for the Ninth Circuit affirmed the NLRB's issuance of a bargaining order in Cemex Construction Materials Pacific LLC v.
Ninth Circuit Affirms Bargaining Order in Cemex Without Opining on NLRB’s Cemex Framework
On April 21, 2026, the Ninth Circuit Court of Appeals affirmed the National Labor Relations Board’s (“Board”) issuance of bargaining orders in Cemex Construction Materials Pacific, LLC v. NLRB. The Board’s landmark 2023 Cemex decision – which had been pending on appeal for nearly three years – adopted a new standard for issuing bargaining orders that expanded the Board’s authority to issue them (“Cemex Framework”).
NLRB Pushes Forward With Cemex—Despite Sixth Circuit Setback
Ashley C. Pack’s articles from Dinsmore & Shohl are most popular: within Employment and HR topic(s) in United States with readers working within the Business & Consumer Services industries Dinsmore & Shohl are most popular: within Employment and HR, Food, Drugs, Healthcare, Life Sciences and Intellectual Property topic(s) In March 2026, the Sixth Circuit Court of Appeals dealt a significant blow to the National Labor Relations Board’s Cemex framework for issuing bargaining orders.
NLRB Pushes Forward with Cemex—Despite Sixth Circuit Setback
In March 2026, the Sixth Circuit Court of Appeals dealt a significant blow to the National Labor Relations Board’s Cemex framework for issuing bargaining orders. Originally adopted in 2023, Cemex dramatically expanded the Board’s power by discarding more than 50 years of Supreme Court precedent. The Sixth Circuit rejected that move, ruling that the Board overstepped its authority by effectively creating new rules through case decisions rather than formal rulemaking.
Sixth Circuit Takes A Shot At NLRB's Authority To Issue Bargaining Orders
Dinsmore & Shohl are most popular: within Employment and HR, Strategy and Technology topic(s) in United States with readers working within the Basic Industries industries The Sixth Circuit recently issued a decision in Brown-Forman Corp. v. NLRB that rejected the National Labor Relations Board's (“Board”) Cemex framework for issuing remedial bargaining orders.
Sixth Circuit Takes a Shot at NLRB’s Authority to Issue Bargaining Orders
The Sixth Circuit recently issued a decision in Brown-Forman Corp. v. NLRB that rejected the National Labor Relations Board’s (“Board”) Cemex framework for issuing remedial bargaining orders. In a 2023 decision, the NLRB adopted the Cemex framework which expanded the Board’s authority to issue bargaining orders and upended 50 years of Supreme Court precedent. The Sixth Circuit’s decision marks the first appellate rejection of the Cemex framework and is important for employers to note.
Asbury v. Blackhawk Mining, LLC
Asbury v. Blackhawk Mining, LLC Plaintiff: Amanda Asbury Defendant: Blackhawk Mining, LLC Case Number: 2:2023cv00499 Filed: July 24, 2023 Court: US District Court for the Southern District of West Virginia Nature of Suit: Civil Rights: Other Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal - Employment Discrim Jury Demanded By: Plaintiff RSS Track this Docket Docket Report This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.
An Ounce of Prevention with Working from Home ADA Accommodations
An Ounce of Prevention with Working from Home ADA Accommodations By: Michael Dailey, Raymond Harrell, Jr., Ashley Pack September 17th, 2019 Even with a lack of legal clarity, banks can take steps to prepare for work-from-home accommodation requests from employees with disabilities. Technology now allows banks’ employees to be connected with coworkers and customers nearly anywhere in the world via email, chat, calls or video conferencing.
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