Sara Lee Bakery Group, Inc. v. National Labor Relations Board

The majority concludes that the Board failed to properly apply its precedents re*302garding whether -a company’s- employees at a “new facility” must be regarded as a separate bargaining unit, and, “for this reason alone,” it denies enforcement to the Board’s -finding that Earthgrains committed an unfair labor practice by refusing to recognize the union at the consolidated facilities in Meridian, Laurel, and Hatties-burg. See ante at 298. I believe that this conclusion is based on a misreading of the Board’s previous decisions and a misunderstanding of this court’s authority- to review decisions…