Legal Opinion
Constellation Brands, U.S. Operations, Inc. v. National Labor Relations Board
Court of Appeals for the Second Circuit
Decided November 21, 2016No. 15-2442-ag, 15-4106-ag August Term 2016PublishedCited by 4 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
This case presents two questions. The. first is whether the framewobk for evaluating proposed bargaining units set forth in Specialty Healthcare & Rehabilitation Center of Mobile, 357 N.L.R.B. 934 (2011), is unlawful. Under this framework, the National Labor Relations Board (the “Board”) uses a two-step analysis to determine whether a -union’s proposed bargaining unit consists of employees who share a “community of interests” and does not arbitrarily exclude other employees. Several sister circuits recently approved this standard, but we have yet to opine on…
2Cases cited21 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Allied Chemical & Alkali Workers of America, Local Union No. 1 v. Pittsburgh Plate Glass Co.Supreme Court of the United States · 1971
- Boire v. Greyhound Corp.Supreme Court of the United States · 1964
- American Hospital Ass'n v. National Labor Relations BoardSupreme Court of the United States · 1991
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3Cited by4 opinions
- National Labor Relations Board v. Pier Sixty, LLCCourt of Appeals for the Second Circuit · 2017
- Rhino Northwest, LLC v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2017
- NLRB v. Constellation Brands U.S. OperCourt of Appeals for the Seventh Circuit · 2021
- NLRB v. Pier Sixty, LLCCourt of Appeals for the Second Circuit · 2017