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