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N.L.R.B. v. COCA-COLA BOTTLING CO. OF BUFFALO

Docket No. 98-4152.

191 F.3d 316 (1999)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. COCA-COLA BOTTLING COMPANY OF BUFFALO, INC., Respondent.

United States Court of Appeals, Second Circuit.

Decided September 3, 1999.

Attorney(s) appearing for the Case

James A. Prozzi, Pittsburgh, Pennsylvania (Jackson, Lewis, Schnitzler & Krupman, Pittsburgh, Pennsylvania, of counsel), for Respondent.

Fred B. Jacob, Washington, D.C., (John D. Burgoyne, Fred L. Cornnell, Frederick L. Feinstein, Linda Sher, National Labor Relations Board, of counsel), for Petitioner.

Before: CARDAMONE, JACOBS, and SOTOMAYOR, Circuit Judges.

CARDAMONE, Circuit Judge:

On this appeal the Coca-Cola Bottling Company of Buffalo, Inc. (Coca-Cola) challenges an order by the National Labor Relations Board finding two geographically separate facilities of the company to be one appropriate bargaining unit subject to the same collective bargaining agreement. Coca-Cola believes the presumption that they are separate for labor purposes has not been overcome, and thus the facilities should be deemed two entities for...

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