06.30.2026Cemex Bargaining Orders Survive Two Appeals But Cemex Fate Remains InsecureIn a decision long-awaited by the labor community, the Ninth Circuit opted to punt rather than go for the big play in Cemex Construction. On April 21, 2026, the court declined to tackle head on the NLRB’s August 2023 seismic change to the laws governing labor organizing. Instead, the court approved the NLRB’s order requiring the company to bargain with the Teamsters, relying on long-established legal precedent set by the Supreme Court in NLRB v. Gissel Packing Co. (1969), without approving or rejecting the Cemex holding. As a result, the Cemex decision lives on as of this writing.
08.26.2024SIXTH CIRCUIT DECLINES TO DEFER TO NLRB DECISION CITING LOPER BRIGHTThere has been much speculation about how much deference the courts will give to federal administrative agencies,’ including the NLRB’s statutory interpretations in the wake of the Supreme Court’s June Loper Bright decision which jettisoned Chevron deference. We didn’t need to wait long to find out the 6th Circuit’s answer – none.
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