SDBC Holdings, Inc. v. National Labor Relations Board

JOSÉ A. CABRANES, Circuit Judge,

concurring:

I join Judge Livingston’s well-reasoned opinion, which faithfully applies difficult Circuit precedent. I write separately merely to indicate how, in future cases, the National Labor Relations Board (the “Board”) might align its precedents more closely with the teaching of the Supreme Court in NLRB v. Truitt Manufacturing Co., 351 U.S. 149, 153, 76 S.Ct. 753, 100 L.Ed. 1027 (1956). In my view, the facts in this case could, in principle, support a conclusion that Stella D’oro claimed an “inability to pay” for existing wages and employee benefits when…