Legal Opinion

Salmon Run Shopping Center LLC v. National Labor Relations Board

Court of Appeals for the Second Circuit

Decided July 18, 2008No. Docket 06-4961-ag(L), 06-5510-ag(XAP)PublishedCited by 7 opinions

1Opinion of the Court

CASTEL, District Judge:

This is a petition by the operator of a shopping mall, Salmon Run Shopping Center, LLC, to review a final order of the National Labor Relations Board (“NLRB” or “Board”) directing it to cease and desist from denying members of the Empire State Council of Carpenters and members of its Local 747 (collectively, the “Carpenters’ Union”) access to its mall for the purpose of distributing literature. The Board has cross-petitioned for enforcement of its cease and desist order. For the reasons that follow, enforcement of the Board’s order is denied.

Background

Petitioner…

2Cases cited12 opinions

  1. Republic Aviation Corp. v. National Labor Relations BoardSupreme Court of the United States · 1945
  2. Hudgens v. National Labor Relations BoardSupreme Court of the United States · 1976
  3. Sears, Roebuck & Co. v. San Diego County District Council of CarpentersSupreme Court of the United States · 1978
  4. National Labor Relations Board v. Babcock & Wilcox Co.Supreme Court of the United States · 1956
  5. Eastex, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1978

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3Cited by7 opinions

  1. Roundy's Inc. v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 2012
  2. United Food and Commercial Workers Union, Local 400 v. NLRBCourt of Appeals for the D.C. Circuit · 2021
  3. Mattina v. Ardsley Bus Corp.District Court, S.D. New York · 2010
  4. Wal-Mart Stores, Inc. v. United Food & Commercial Workers International UnionCalifornia Court of Appeal · 2016
  5. National Labor Relations Board v. Eugene Iovine, Inc.Court of Appeals for the Second Circuit · 2010

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