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N.L.R.B. v. GOYA FOODS OF FLORIDA

No. 07-10594.

525 F.3d 1117 (2008)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GOYA FOODS OF FLORIDA, Respondent, UNITE HERE, Intervenor.

United States Court of Appeals, Eleventh Circuit.

April 24, 2008.

Attorney(s) appearing for the Case

Linda Dreeben, David Habenstreit, Stacy Zimmerman, Fred B. Jacob, NLRB, Washington, DC, for NLRB.

David C. Miller, James C. Crosland, Bryant, Miller, Olive, P.A., Miami, FL, Carlos G. Ortiz, Goya Foods, Inc., Secaucus, NJ, for Respondent.

David M. Prouty, Unite Legal Dept., New York City, for Intervenor.

Before ANDERSON and BARKETT, Circuit Judges, and TRAGER, District Judge.

ANDERSON, Circuit Judge:

I. INTRODUCTION

The National Labor Relations Board ("NLRB") petitions this Court for enforcement of its August 30, 2006, order that would impose, inter alia, an affirmative bargaining order on Goya Foods of Florida ("Goya") to bargain with UNITE HERE, a union that was certified to represent Goya's warehouse and sales unit at its Miami, Florida, facility. This is an unlawful withdrawal of recognition case that arises in the...

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