Ninth Circuit Enforces Gissel Bargaining Order, Avoids Ruling on New Cemex Framework
The Ninth Circuit Court has enforced a bargaining order in the case of Cemex Construction Materials Pacific, LLC v. NLRB, adhering to the traditional Gissel Packing Co. standard. This decision comes after Cemex was found to have committed significant unfair labor practices (ULPs) during a union organizing campaign, including threats of closure and the discharge of a union supporter. The court found that these actions created a coercive atmosphere that could not be remedied by a rerun election, thus justifying the bargaining order. However, the court notably avoided addressing the National Labor Relations Board's (NLRB) new Cemex framework, which proposes that an employer's refusal to recognize a card-based majority, followed by any ULP, could trigger a bargaining order. This decision reflects a strategic choice to avoid a circuit split and leaves the new framework untested in this case. 
