Labor Board’s Cemex Doctrine Ignored in Ninth Circuit Review (1)

A federal appeals court declined to rule on the National Labor Relations Board’s Biden-era framework to reduce labor law violations before union elections in a decision that upheld the board’s bargaining order against a cement company.

A divided US Court of Appeals for the Ninth Circuit on Tuesday endorsed the NLRB’s order under the board’s longstanding Gissel standard and didn’t comment on the new test the board created in its 2023 decision in Cemex Construction Materials Pacific, LLC.

“Because we affirm the bargaining order under Gissel, we do not reach the parties’ dispute over the retroactive application of ...