FLYING FOOD GROUP, INC. v. N.L.R.B.

Nos. 05-1373, 05-1395.

471 F.3d 178 (2006)

FLYING FOOD GROUP, INC., d/b/a Flying Food, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 15, 2006.


Attorney(s) appearing for the Case

Harry J. Secaras argued the cause and filed the briefs for petitioner.

David A. Seid, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Robert J. Englehart, Attorney. Steven B. Goldstein, Attorney, entered an appearance.

Before: HENDERSON, GARLAND, and KAVANAUGH, Circuit Judges.


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...

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