United Food & Commercial Workers Union Local 204 v. National Labor Relations Board

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Following a union’s unsuccessful effort to organize a plant, the National Labor Relations Board found that over the course of the union’s campaign the employer committed several unfair labor practices in violation of the National Labor Relations Act. Although the employer contests none of the Board’s conclusions, the union challenges the Board’s decision to dismiss two of its claims: (1) that statements by high-level company management constituted unlawful threats of plant closure; and (2) that the company’s decision to…