National Labor Relations Board v. Tito Contractors, Inc.

I concur in granting the petition for review, and denying the Board’s cross-application for enforcement of its Order. With respect to the challenge to the Board’s finding of the appropriateness of the company-wide bargaining unit, Op. Part II.B, I concur for the following reasons. The Board’s decision failed to come to grips with record evidence offered by the petitioner that potentially detracts from the conclusion that the company-wide bargaining unit sought by the Union was appropriate. See Tito Contractors, Inc. v. Int’l Union of Painters & Allied Trades, Dist. Council 51 (AFL-CIO), NLRB…