National Labor Relations Board v. Cemex Construction Materials Pacific, LLC
July 1, 2026·23-2377·Unpublished·Per Curiam·By Aisha Johnson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 finding it committed unfair labor practices, while 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 threats and surveillance.
The court’s reasoning
The court found substantial evidence supporting the Board’s findings of unfair labor practices, including threats regarding wage freezes and plant closures. The court declined to rule on the constitutionality of ALJ removal protections, noting that Cemex failed to demonstrate compensable harm. Credibility determinations made by the Board were upheld due to the deference owed to agency findings.
We deny Cemex’s petition for review, and we grant the Board’s cross-petition for enforcement.
23-2377
The dissent
What it means going forward
The NLRB’s order against Cemex stands, and the Board’s request for enforcement is granted without addressing the validity of Thryv remedies.
