9th Circ.’s Cemex Dodge Sign of NLRB Standard in Limbo, Law360
April 22, 2026Partner Philip Miscimarra was quoted by Law360 in an article examining a Ninth Circuit decision that declined to address the National Labor Relations Board’s (NLRB’s) controversial Cemex bargaining order standard.
The article explores how the court avoided ruling on the legality of the newer standard by relying on the established Gissel framework, raising questions about Cemex’s long-term viability. Phil noted that the court’s decision not to engage directly with Cemex was significant given the scope of the change and its limited judicial support to date. “Although the Cemex principles were earth-shattering ... they’ve not been embraced by the courts of appeals, and I think that they’re going to be short-lived when the federal courts actually address head-on whether the principles themselves are sustainable,” Phil said.