Legal Opinion · Concurring in part, dissenting in part

Southern Bakeries, LLC v. National Labor Relations Board

Court of Appeals for the Eighth Circuit

Decided September 27, 2017No. 16-3328, 16-3509Published

1Concurring in part, dissenting in partGruender, Circuit Judge

By its own terms, the National Labor Relations Act (“NLRA”) is designed to protect workers, not unions. See 29 U.S.C. § 157; see also, e.g., Lechmere, Inc. v. NLRB, 502 U.S. 527, 532, 112 S.Ct. 841, 117 L.Ed.2d 79 (1992) (“[T]he NLRA confers rights only on employees, not on unions or their nonemployee organizers.”). Notwithstanding this clear statutory mandate, the Board’s decision protects a union at the expense of employees. It does so by trumpeting several alleged unfair labor practices (“ULPs”), the majority of which are unsupported by substantial evidence. Because I believe that “[t]he…

2Cases cited28 opinions

  1. National Labor Relations Board v. Gissel Packing Co.Supreme Court of the United States · 1969
  2. International Ladies' Garment Workers' Union v. National Labor Relations BoardSupreme Court of the United States · 1961
  3. Lechmere, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1992
  4. Holly Farms Corp. v. National Labor Relations BoardSupreme Court of the United States · 1996
  5. Sharon Owen v. Bristol Care, Inc.Court of Appeals for the Eighth Circuit · 2013

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