National Labor Relations Board v. Creative Food Design Ltd., T/a the Broker, Hotel & Restaurant Employees Local 25, Afl-Cio, Intervenor

I respectfully dissent. Although I agree with my colleagues that substantial evidence supports the Board’s findings that the Company violated the federal labor laws, I would remand' the remedial aspect of the case, inasmuch as the Board failed to consider a highly relevant factor in determining what constituted the appropriate remedy.

Preliminarily, I note my agreement with the Company’s plea that Board-sponsored elections are as a general matter to be preferred to authorization cards. In addition, there is no doubt that employers, if they insist, enjoy the right to demand an election, even…