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J.J. CASSONE BAKERY, INC. v. N.L.R.B.

Nos. 07-1300, 07-1345.

554 F.3d 1041 (2009)

J.J. CASSONE BAKERY, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. Bakery, Confectionery and Tobacco Workers' Union, Local 3, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 23, 2009.

Attorney(s) appearing for the Case

Marc L. Silverman argued the cause for petitioner. With him on the briefs was Laura B. Friedel.

Elizabeth A. Heaney, 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, Linda Dreeben, Deputy Associate General Counsel, and Fred B. Jacob, Supervisory Attorney. William M. Bernstein and Jill A. Griffin, Attorneys, entered appearances.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge.

The National Labor Relations Board held J.J. Cassone Bakery engaged in unfair labor practices when the Bakery, Confectionary, Tobacco Workers' & Grain Millers International Union Local No. 3, AFL-CIO attempted to organize Cassone's employees. Cassone argues the Board violated the Administrative Procedures Act and denied it due process by authorizing an Administrative Law Judge who had not been present at the reception of testimony to review...

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