Opinion

National Labor Relations Board v. Tito Contractors, Inc.

  • 847 F.3d 724
  • 208 L.R.R.M. (BNA) 3233
  • 2017 U.S. App. LEXIS 1931
  • 2017 WL 461110
Court
Court of Appeals for the D.C. Circuit
Filed
Feb 3, 2017
Status
Published
Author
Henderson
On the bench
Henderson, Rogers, Ginsburg
Cited by
4 cases

The opinion

KAREN LeCRAFT HENDERSON, Circuit Judge,

concurring:

I write separately to give a word to the wise: although the Board’s order, composed of two sentences of text and a footnote analysis of the unit-appropriateness issue (which analysis also acknowledges its dissenting colleague’s view) is apparently standard operating procedure at this stage, the Board will continue to run the risk of a court-imposed re-do if it persists — especially when, en route to the Board’s review, the HO, inter alia, likewise fails to consider adequately the offered proof. It might be better served by rethinking its drumhead procedure.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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