Legal Opinion

Scomas of Sausalito, LLC v. National Labor Relations Board

Court of Appeals for the D.C. Circuit

Decided March 7, 2017No. 15-1412 Consolidated with 15-1476PublishedCited by 5 opinions

1Opinion of the Court

Concurring opinion filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Scomas of Sausalito (Scomas) operates a seafood restaurant in northern California.1 From 2000 to 2013, it recognized UNITE HERE! Local 2850 (Union) as the exclusive collective-bargaining representative for the restaurant’s bartenders, bussers, cooks, dishwashers, hostesses and servers. In 2013, 29 of the bargaining unit’s 54 employees signed a decertification petition asking Scomas to “withdraw recognition from [the Union] immediately” if the petitioners “make up 50% or more of the bargaining unit.”…

2Cases cited19 opinions

  1. Allentown MacK Sales & Service, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1998
  2. National Labor Relations Board v. Seven-Up Bottling Co. of Miami, Inc.Supreme Court of the United States · 1953
  3. National Labor Relations Board v. Curtin Matheson Scientific, Inc.Supreme Court of the United States · 1990
  4. Auciello Iron Works, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1996
  5. Avecor, Incorporated v. National Labor Relations Board, Oil, Chemical and Atomic Workers International Union, IntervenorCourt of Appeals for the D.C. Circuit · 1991

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3Cited by5 opinions

  1. National Labor Relations Board v. CNN America, Inc.Court of Appeals for the D.C. Circuit · 2017
  2. Bellagio, LLC v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2017
  3. Leggett & Platt, Inc. v. NLRBCourt of Appeals for the D.C. Circuit · 2021
  4. Bellagio, LLC v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2017
  5. National Labor Relations Board v. CNN America, Inc.Court of Appeals for the D.C. Circuit · 2017

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