Ninth Circuit Affirms Bargaining Order in Cemex Without Opining on NLRB’s Cemex Framework

On April 21, 2026, the Ninth Circuit Court of Appeals affirmed the National Labor Relations Board’s (“Board”) issuance of bargaining orders in Cemex Construction Materials Pacific, LLC v. NLRB. The Board’s landmark 2023 Cemex decision – which had been pending on appeal for nearly three years – adopted a new standard for issuing bargaining orders that expanded the Board’s authority to issue them (“Cemex Framework”). In doing so, the Board discarded the Supreme Court’s Gissel framework, which had... By: Dinsmore & Shohl LLP