Legal Opinion

Flying Food Group, Inc. v. National Labor Relations Board

Court of Appeals for the D.C. Circuit

Decided December 15, 2006No. 05-1373, 05-1395PublishedCited by 47 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge.

Petitioner Flying Food Group, Inc., 1 withdrew recognition from an incumbent union after receiving a disaffection petition purportedly supported by a majority of employees in the bargaining unit. The National Labor Relations Board (NLRB) concluded that Flying Food failed to meet its burden of proving that the union had actually lost majority support, as required by the Board’s decision in Levitz Furniture Co., 333 NLRB 717 (2001). For the reasons set forth below, we deny the company’s petition for review and grant the…

2Cases cited15 opinions

  1. Gomez v. ToledoSupreme Court of the United States · 1980
  2. National Labor Relations Board v. MacKay Radio & Telegraph Co.Supreme Court of the United States · 1938
  3. Woelke & Romero Framing, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1982
  4. W. Kenneth Tregenza, James E. Haas, and Erwin B. Seegers v. Great American Communications Company and Shearson Lehman Brothers, IncorporatedCourt of Appeals for the Seventh Circuit · 1993
  5. Donald Barth v. Bruce S. Gelb, Director, United States Information AgencyCourt of Appeals for the D.C. Circuit · 1993

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3Cited by47 opinions

  1. David De Csepel v. Republic of HungaryCourt of Appeals for the D.C. Circuit · 2013
  2. SFO Good-Nite Inn, LLC v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2012
  3. Bally's Park Place, Inc. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2011
  4. Citizens for Responsibility and Ethics in Washington v. DOJCourt of Appeals for the D.C. Circuit · 2019
  5. MAIA FALCONI-SACHS v. LPF SENATE SQUARE, LLCDistrict of Columbia Court of Appeals · 2016

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