N.L.R.B. v. CONTEMPORARY CARS, INC.

No. 10-13920.

667 F.3d 1364 (2012)

NATIONAL LABOR RELATIONS BOARD, Petitioner, International Association of Machinists and Aerospace Workers, Intervenor, v. CONTEMPORARY CARS, INC., d.b.a. Mercedes-Benz of Orlando, Respondent.

United States Court of Appeals, Eleventh Circuit.

January 27, 2012.


Attorney(s) appearing for the Case

Julie Brock Broido , Linda Dreeben , Christopher Young, NLRB, Washington, DC, for Petitioner.

David A. Rosenfeld , Van Bourg, Weinberg, Roger & Rosenfeld, Alameda, CA, for Intervenor.

James Michael Walters , Brian Matthew Herman , Douglas R. Sullenberger , Fisher & Phillips, LLP, Atlanta, GA, Steven Mark Bernstein , Fisher & Phillips, LLP, Tampa, FL, for Respondent.

Before HULL, MARCUS and BLACK, Circuit Judges.


BLACK, Circuit Judge:

Petitioner National Labor Relations Board (the Board or NLRB) seeks enforcement of its order against Respondent Contemporary Cars, Inc. (Contemporary). See 355 NLRB No. 113 (2010). Because we conclude that (1) we lack jurisdiction to consider Contemporary's due process challenge and (2) the Board's bargaining-unit determination is supported by substantial evidence, we grant the Board's petition.

I. PROCEDURAL BACKGROUND

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