National Labor Relations Board v. Cemex Construction Materials Pacific, LLC

── National Labor Relations Board v. Cemex Construction Materials Pacific, LLC ── Court: Court of Appeals for the Ninth Circuit Date: April 21, 2026 Category: General NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 21 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT INTERNATIONAL BROTHERHOOD OF No. 23-2081 TEAMSTERS, NLRB Nos. 28-CA-230115 Petitioner, 28-CA-235666 28-CA-249413 v. 31-CA-237882 31-CA-237894 NATIONAL LABOR RELATIONS 31-CA-238094 BOARD, 31-CA-238239 31-CA-238240 Respondent. 28-RC-232059 MEMORANDUM* CEMEX CONSTRUCTION MATERIALS No. 23-2302 PACIFIC, LLC, NLRB Nos. Petitioner, 28–CA–235666 28–CA–249413 v. 31–CA–237882 31–CA–237894 NATIONAL LABOR RELATIONS 31–CA–238094 BOARD, 31–CA–238239 31–CA–238240 Respondent, 28–RC– 232059 ---------------------------------------- * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, Intervenor. NATIONAL LABOR RELATIONS No. 23-2377 BOARD, NLRB Nos. Petitioner, 28-CA-235666 28-CA-249413 v. 31-CA-237882 31-CA-237894 CEMEX CONSTRUCTION MATERIALS 31-CA-238094 PACIFIC, LLC, 31-CA-238239 31-CA-238240 Respondent, 28-RC-232059 ---------------------------------------- INTERNATIONAL BROTHERHOOD OF TEAMSTERS, Intervenor. On Petition for Review of an Order of the National Labor Relations Board Argued and Submitted October 21, 2024 San Francisco, California Submission Withdrawn October 28, 2024 Resubmitted April 21, 2026 Before: CLIFTON, SUNG, and SANCHEZ, Circuit Judges. Dissent by Judge CLIFTON. Cemex Construction Materials Pacific, LLC (“Cemex”) petitions for review of the National Labor Relations Board’s (“NLRB’s”) Decision & Order, and the Board cross-petitions for enforcement, supported by Intervenor International 2 23-2081 Brotherhood of Teamsters (“Union”). We held this case in abeyance pending International Union of Operating Engineers, Stationary Engineers, Local 39 v. NLRB, 155 F.4th 1023, 1046, 1048-49 (9th Cir. 2025) (“Macy’s”). On November 19, 2025, the Board filed a motion to resume proceedings, raising concerns about undue delay. Dkt. 106. The Union joined this motion. Dkt. 110. We agree further delay is unnecessary and grant the motion. We have jurisdiction pursuant to 29 U.S.C. § 160(e). We