JMBM Partner Travis Gemoets Quoted in Law360 on NLRB’s Cemex Test

JMBM partner Travis Gemoets was recently quoted in the Law360 article, “What to Expect as the DC Circ. Mulls NLRB’s Cemex Test.” The article examines the case before the DC Circuit involving the NLRB’s new bargaining order standard. In the matter, Red Rock Casino Resort and Spa is challenging a board ruling that it tanked a union’s organizing effort.

In the article previewing the arguments, Gemoets told Law360 that Red Rock’s case may do enough to sow some doubt within the panel about whether the violations the board found support a Gissel order.

“What would be interesting to see is … given the elimination of the Chevron deference doctrine, is that going to be enough, right then and there, [for the court] to say, ‘This is contrary to what the law is, and so you don’t have the authority to do that,'” Gemoets said.

Read the full Law360 article here (subscription required).