Background
Cemex Construction Materials Pacific, LLC petitioned for review of a National Labor Relations Board decision finding it committed unfair labor practices. The Board cross-petitioned for enforcement. The case involved allegations that company managers and foremen interfered with employee rights under the National Labor Relations Act through statements, surveillance, and threats regarding unionization and wage increases.
The court’s reasoning
The court applied the substantial evidence standard to the Board’s factual findings. It held that the Board’s credibility determinations were entitled to special deference and were not inherently incredible or patently unreasonable. Regarding the constitutional challenge to ALJ removal protections, the court found that even if unconstitutional, the employer failed to show how those protections caused compensable harm, precluding retrospective relief.
We deny Cemex’s petition for review, and we grant the Board’s cross-petition for enforcement.
23-2081
The dissent
What it means going forward
The National Labor Relations Board’s order enforcing its unfair labor practice findings against Cemex Construction Materials Pacific, LLC was upheld, and the employer’s challenge to the validity of Thryv remedies was mooted by the Board’s withdrawal of that request.