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AGRI PROCESSOR CO., INC. v. N.L.R.B.

Nos. 06-1329, 06-1349.

514 F.3d 1 (2008)

AGRI PROCESSOR CO., INC., Petitioner. v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 4, 2008.

Attorney(s) appearing for the Case

Jefery A. Meyer argued the cause for petitioner. On the brief was Carmelo Grimaldi.

Julie B. Broido, Supervisory Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, and Kira Dellinger Vol, Attorney. Linda Dreeben, Deputy Assistant General Counsel, entered an appearance.

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

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...

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