Ninth Circuit Enforces NLRB Ruling on Concrete Firm's Union-Busting
The Ninth Circuit enforced an NLRB order against a concrete firm for illegal union-busting tactics.
Why it matters: This decision affirms important labor protections and reinforces the NLRB’s authority in regulating unfair labor practices. Employment law practitioners should note the court’s continued reliance on longstanding precedent and scrutiny of NLRB policy methods.
- April 21, 2026: Ninth Circuit upheld and enforced NLRB’s bargaining order against a concrete company.
- The order targeted illegal union-busting tactics and unfair labor practices.
- Court relied on the Gissel standard, allowing bargaining orders after severe misconduct.
- Ninth Circuit did not address the NLRB’s newer Cemex standard, which was invalidated by the Sixth Circuit in March.
The Ninth Circuit Court of Appeals on April 21, 2026, declined to review and instead enforced the National Labor Relations Board's (NLRB) ruling against a concrete construction company found guilty of union-busting and unfair labor practices.
- In its opinion, the court reaffirmed its 2017 precedent: "A court must uphold a Board decision when substantial evidence supports its findings of fact and when the agency applies the law correctly."
- The NLRB’s order was grounded in the Gissel standard, which permits the Board to issue bargaining orders when employer misconduct makes a fair union election unlikely.
Importantly, the Ninth Circuit did not address the Board’s more recent Cemex standard in its decision. The Sixth Circuit had invalidated that standard in March 2026, citing procedural faults in how it was adopted.
This enforcement reinforces judicial support for NLRB authority while highlighting ongoing legal debates around how labor policies are established. For employment law, it signals courts’ continued willingness to uphold bargaining orders based on established precedent, even as newer Board approaches face scrutiny.
By the numbers:
- April 21, 2026 — Ninth Circuit enforced NLRB order against concrete company
- March 2026 — Sixth Circuit invalidated NLRB’s Cemex standard
- 2017 — Precedent cited by the Ninth Circuit
Yes, but: The decision leaves unresolved questions about the viability of the Cemex standard and broader NLRB rulemaking procedures.