Cemex Construction Materials Pacific, LLC v. National Labor Relations Board

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Case overview

Case Number:

23-2302

Court:

Appellate - 9th Circuit

Nature of Suit:

Companies

Government Agencies

Sectors & Industries:

  1. April 21, 2026

    9th Circ. Backs NLRB In Cemex Without Ruling On New Test

    The Ninth Circuit on Tuesday upheld a National Labor Relations Board order requiring a Cemex unit to bargain with the Teamsters but declined to weigh in on the viability of the new bargaining order standard the board used the case to announce.

  2. April 10, 2026

    NLRB Defends Cemex Power In 9th Circ. After Rebuke By 6th

    In possibly its first public response to a recent appellate ruling taking a narrow view of its remedial power, the National Labor Relations Board told the Ninth Circuit that another circuit's rejection of its revised representation election guardrails was "irreconcilable with decades of judicially approved board practice."

  3. November 26, 2025

    Cemex Urges 9th Circ. To Keep NLRB Appeal Paused

    The employer challenging the National Labor Relations Board's 2023 precedent shift on union representation elections and bargaining orders asked the Ninth Circuit to keep the case paused, fighting the NLRB's request that the court resume processing Cemex Construction Materials Pacific LLC's appeal after a year.

  4. November 20, 2025

    NLRB Asks 9th Circ. To Resume Processing Cemex Appeal

    The Ninth Circuit may soon resume deciding whether the National Labor Relations Board erred by adjusting its approach to union elections and bargaining orders two years ago, as board prosecutors asked the court to lift a stay in Cemex Construction Materials Pacific LLC's appeal of the game-changing 2023 board ruling.

  5. July 07, 2025

    5 Labor Cases To Watch In The 2nd Half Of 2025

    The second half of the year could be consequential for labor law practitioners as courts consider challenges to National Labor Relations Board rulings easing bargaining orders and limiting how employers can respond to union election campaigns. Here, Law360 looks at these and other cases to watch in the second half.

  6. October 29, 2024

    9th Circ. Halts Cemex Review To Mull Bigger NLRB Challenge

    The Ninth Circuit will hold off on deciding the fate of the National Labor Relations Board's Cemex ruling, which set a new standard for issuing bargaining orders in administrative proceedings, while it mulls whether the structure of those proceedings is still viable under recent U.S. Supreme Court precedent.

  7. October 21, 2024

    9th Circ. Probes Bargaining Order Limits In 1st Cemex Review

    In the first court challenge to the National Labor Relations Board's landmark Cemex ruling, the Ninth Circuit grappled Monday with whether the labor board's new standard for issuing bargaining orders complies with a framework the U.S. Supreme Court set out more than 50 years ago.

  8. October 18, 2024

    Calif. Forecast: 9th Circ. Reviews NLRB's Cemex Decision

    In the coming week, attorneys should watch for oral arguments at the Ninth Circuit in which Cemex Construction Materials Pacific LLC and the International Brotherhood of Teamsters are each seeking to undo a major National Labor Relations Board decision regarding union representation. Here's a look at that case and other labor and employment matters on deck in California.

  9. July 08, 2024

    5 Labor Battles To Watch In 2024's 2nd Half

    The second half of the year will feature action in several cases with major implications for the labor law landscape, including SpaceX's suits seeking to gut the National Labor Relations Board and a board case that could extend organizing rights to college athletes. Here, Law360 looks at these and other cases to watch in the second half of 2024.

  10. April 30, 2024

    SEIU Cites Starbucks Organizing In Push For Cemex Standard

    The Service Employees International Union invoked the nationwide organizing campaign at Starbucks stores in a request for the Ninth Circuit to back a National Labor Relations Board precedent shift for bargaining orders, arguing the new standard will help deter labor law violations.