The Senate's confirmation of nominees James Murphy and Scott Mayer on Thursday is poised to give the National Labor Relations Board a quorum again for the first time in many months and moves the board a step closer to reversing some of the most influential decisions issued by the previous Democratic majority.
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One of the most consequential — and controversial — decisions the board issued during the Biden administration was its 2023 ruling involving Cemex Construction Materials Pacific LLC.
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Daniel Sobol, a partner at Blank Rome LLP, said one factor that could delay the board in tackling Cemex is the need for a viable vehicle. He said the board will likely want to see a case where an administrative law judge issued a Cemex bargaining order but the conduct would not have been serious enough to warrant an order under Gissel, which might take a while to present itself.
"That one, it might take a little longer to find a proper case," Sobol said.
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"Captive Audience, Cemex Top Targets for New NLRB Majority," by Tim Ryan was published in Law360 Employment Authority on December 19, 2025.
