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ARTICLE · 28 OCTOBER 2024

Ninth Circuit Panel Hears Oral Argument On The NLRB's Transformative Cemex Decision

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On October 21, 2024, the U.S. Court of Appeals for the Ninth Circuit in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.)...

United StatesEmployment and HR
Joshua Fox
Joshua Fox
Michael S. Kratochvil
Michael S. Kratochvil
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On October 21, 2024, the U.S. Court of Appeals for the Ninth Circuit in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.) heard oral argument on the revised National Labor Relations Board ("NLRB" or the "Board") framework for responding to union organizing, outlined in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023) ("Cemex"). The panel of judges consisted of Judges Richard Clifton, Jennifer Sung, and Gabriel Sanchez.

Background
As reported here, Cemex was issued after a line of Board and Supreme Court decisions outlining how a union can become the exclusive representative of the employees in a bargaining unit. These include, among others:

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