Cemex Construction Materials Pacific, LLC v. National Labor Relations Board
July 1, 2026·23-2302·Unpublished·Per Curiam·By Aisha Johnson
The United States Court of Appeals for the Ninth Circuit denied petitions for rehearing and affirmed the National Labor Relations Board's findings of unfair labor practices against Cemex Construction Materials Pacific, LLC.
Cemex Construction Materials Pacific, LLC petitioned for review of an NLRB Decision and Order finding multiple unfair labor practices. The Board cross-petitioned for enforcement. The case involved allegations that Cemex managers and foremen interfered with employee rights under the National Labor Relations Act through threats regarding wage increases, plant closures, and surveillance.
The court’s reasoning
The court found substantial evidence supported the Board’s findings of fact and application of law. Regarding the constitutional challenge to Administrative Law Judge removal protections, the court held that retrospective relief is unavailable without a showing of compensable harm. On unfair labor practice findings, the court applied a deferential standard to the Board’s credibility determinations, noting that they were not inherently incredible or patently unreasonable. The court also upheld the Board’s interpretation of employer statements as unlawful threats under Section eight of the National Labor Relations Act.
The dissent
What it means going forward
The decision reinforces the NLRB’s authority to enforce unfair labor practice findings based on substantial evidence and limits judicial review of credibility determinations. It clarifies that constitutional challenges to Administrative Law Judge removal protections require proof of specific harm to warrant relief.
