The NLRB Just Asked the Ninth Circuit to Vacate Its Own Win

The NLRB won enforcement of its Cemex bargaining order at the Ninth Circuit in April — then immediately filed a petition asking the court to vacate part of its own judgment.

The piece at issue: the Thryv remedy requiring make-whole relief for direct and foreseeable pecuniary harms beyond traditional backpay. After the Ninth Circuit enforced it, Region 28 completed its compliance investigation and concluded the discharged employee suffered no such harms — and isn’t in a position to suffer them going forward.

So the Board asked the court to strip that portion of the judgment before mandate issues — partly to avoid delay, and partly because Cemex had already used the Thryv remedy as a basis to slow things down.

The practical takeaway: Thryv language is now standard in every make-whole order, but this case confirms what the Board always said — whether it produces actual liability gets resolved in compliance, not up front.