By Ashley Pack and Jeremy Smith ( May 7, 2026, 5:44 PM EDT) -- On April 21, in International Brotherhood of Teamsters v. National Labor Relations Board, the U.S. Court of Appeals for the Ninth Circuit affirmed the NLRB's issuance of a bargaining order in Cemex Construction Materials Pacific LLC v. NLRB.[1] Yet the court deliberately declined to weigh in on the board's controversial 2023 Cemex framework, which dramatically expanded the agency's authority to impose bargaining orders without an election....
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