Labor Board’s Cemex Doctrine Divides Ninth Circuit Judges (1)

A federal appeals court split along partisan lines while hearing oral argument on a landmark NLRB decision to ease union organizing, with two Democratic-appointed judges appearing more supportive of the ruling than the GOP appointee.

The US Court of Appeals for the Ninth Circuit panel majority seemed skeptical of Cemex Construction Materials Pacific LLC’s claim Monday that the National Labor Relations Board improperly deviated from US Supreme Court precedent on the board’s power to require employers to bargain.

The panel’s lone Republican-appointed judge, however, suggested the NLRB should have used rulemaking to set the new standard, rather than doing so ...