09/08/2026
After a long wait, the NLRB again has a quorum, and the General Counsel has signaled that change is coming. But employers should keep the anticipated demise of *Cemex* in perspective.
Reversing *Cemex* would not create a free-for-all during organizing campaigns. The Fifth Circuit has just delivered that reminder: *Gissel* remains good law, and serious employer misconduct can still turn an election victory into a bargaining order.
https://www.linkedin.com/pulse/winning-vote-may-enough-jim-allen-jf4uc