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CIBAO MEAT PRODUCTS, INC. v. N.L.R.B.

Docket No. 07-1192-ag.

547 F.3d 336 (2008)

CIBAO MEAT PRODUCTS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, The Trustee of the Unite Here National Retirement and Health Funds, Intervenor-Respondents.

United States Court of Appeals, Second Circuit.

Decided: November 4, 2008.

Attorney(s) appearing for the Case

Irene Donna Thomas, Thomas & Associates, Brooklyn, NY, for Petitioner.

Kellie Isbell, Attorney (David Habenstreit, Supervisory Attorney, and Ronald Meisburg, General Counsel, of counsel), National Labor Relations Board, Washington, DC, for Respondent.

Ronald E. Richman, (Scott A. Gold and Max Garfield, of counsel) Schulte Roth & Zabel LLP, New York, NY, for Intervenor-Respondent.

Before: CABRANES, POOLER, and KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge:

In this case, petitioner-appellant Cibao Meat Products, Inc. seeks review of an order of the respondent-appellee National Labor Relations Board (NLRB) holding that Cibao engaged in an unfair labor practice when it ceased payments to employee-benefit funds after the expiration of its collective-bargaining agreement with its employees' union. Cibao argues that it was excused from making those payments because the union's actions in seeking to...

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