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Labor and employment partner Ryan Funk spoke with Law360 for an article examining the most significant labor law decisions from the first half of 2026 and what they could mean for future National Labor Relations Board (NLRB) policymaking.
Among the developments discussed was the Sixth Circuit's decision in Brown-Forman Corp. v. NLRB, which questioned the NLRB's use of adjudication to implement broad policy changes through its 2023 Cemex decision. Funk shared how future boards will likely be more exacting when choosing vehicles for precedent shifts and more careful to write decisions in a way that makes clear they were considering the case at issue when crafting a policy, not issuing a more sweeping pronouncement.
"No board will ever do this again, because it was an unforced error," Funk said. "And now that that is clear, boards will be careful not to claim that part of their rationale was general deterrence for employers as a group."
