Legal Opinion

Capay, Inc. v. National Labor Relations Board

Court of Appeals for the Ninth Circuit

Decided November 2, 2017No. 16-70699, 16-71001Unpublished

1Opinion of the Court

MEMORANDUM **

Capay, Inc. dba Farm Fresh to You (“Capay”) seeks review of a decision of the National Labor Relations Board (“Board”), finding Capay violated Sections 8(a)(5) and (1) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 158(a)(5), (1) (2012), by failing and refusing to recognize and bargain with the Bakery, Confec-tionary, Tobacco Workers & Grain Millers Union Local 85 (“Union”) following the Union’s certification. The Board cross-petitions for enforcement of its order. We deny Capaes petition for review and grant the Board’s cross-application for enforcement.

Capay argues…

2Cases cited11 opinions

  1. Overnite Transportation Company v. National Labor Relations Board, International Brotherhood of Teamsters, Local 728, IntervenorCourt of Appeals for the D.C. Circuit · 1998
  2. Melrose-Wakefield Hospital Association, Inc. v. National Labor Relations BoardCourt of Appeals for the First Circuit · 1980
  3. National Labor Relations Board v. Van Gorp CorporationCourt of Appeals for the Eighth Circuit · 1980
  4. National Labor Relations Board v. Enterprise Leasing Co. Southeast, LLCCourt of Appeals for the Fourth Circuit · 2013
  5. National Labor Relations Board v. Valley Bakery, Inc.Court of Appeals for the Ninth Circuit · 1993

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