Teamsters urge Appellate Court to uphold NLRB’s Cemex Doctrine

Sources: International Brotherhood of Teamsters, Washington, D.C.; CP staff

Following petitioner and respondent oral arguments before the U.S. Court of Appeals for the 9^th Circuit, San Francisco, the International Brotherhood of Teamsters is calling for the court to uphold the Cemex Doctrine, a ruling at the heart of Cemex Construction Materials Pacific, LLC v. NLRB. The National Labor Relations Board coined the Cemex Doctrine after an August 2023 order affirming unfair labor practices during a 2019 organizing campaign involving drivers at Cemex ready mixed concrete plants in Nevada and southern California. The NLRB ruled that when a union has established majority support—and an employer’s labor law violations compromise the integrity of subsequent election results—the company has to bargain with the union rather than re-running the election. The Cemex Doctrine also requires that a bargaining order be issued in situations where the employer neither recognizes the majority union nor files for an election.

“Cemex’s union busting started against rank-and-file Teamsters years ago, but it should end with a ruling from these judges,” says Teamsters General President Sean M. O’Brien. “An affirmation of the Cemex Doctrine will be the correct thing to do under the law and a major victory for every American worker who wants to organize without having to endure intimidation tactics from their employers.”