Legal Opinion

Agri Processor Co. v. National Labor Relations Board

Court of Appeals for the D.C. Circuit

Decided January 4, 2008No. 06-1329, 06-1349PublishedCited by 33 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge TATEL.

Concurring opinion filed by Circuit Judge HENDERSON.

Dissenting opinion filed by Circuit Judge KAVANAUGH.

TATEL, Circuit Judge:

A company whose workers recently voted to unionize refuses to bargain with them, claiming that most of those who voted are undocumented aliens. The company argues that undocumented aliens are prohibited from unionizing because they do not qualify as “employees” protected by the National Labor Relations Act. Because the company’s argument ignores both the Act’s plain language and binding Supreme Court precedent, we deny…

2Cases cited21 opinions

  1. Kimbrough v. United StatesSupreme Court of the United States · 2007
  2. Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
  3. Kimel v. Florida Board of RegentsSupreme Court of the United States · 2000
  4. Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
  5. Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974

16 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Iweala v. Operational Technologies Services, Inc.District Court, District of Columbia · 2009
  2. Elmer Lucas v. Jerusalem Cafe, LLCCourt of Appeals for the Eighth Circuit · 2013
  3. Blue Man Vegas, LLC v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2008
  4. Next Investments, LLC v. Bank of ChinaCourt of Appeals for the Second Circuit · 2021
  5. Loper Bright Enterprises, Inc v. Gina RaimondoCourt of Appeals for the D.C. Circuit · 2022

28 more not listed; retrieve them via the Exa API.

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