N.L.R.B. v. TITO CONTRACTORS, INC.

No. 15-1217. Consolidated with 15-1226.

847 F.3d 724 (2017)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TITO CONTRACTORS, INC., Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 2017.


Attorney(s) appearing for the Case

Jonathan W. Greenbaum , Washington, DC, argued the cause and was on brief for Tito Contractors, Inc.

Michael Ellement , Attorney, National Labor Relations Board, argued the cause for the National Labor Relations Board. Richard Griffin, Jr. , General Counsel, Jennifer Abruzzo , Deputy General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Jill A. Griffin , Supervisory Attorney, were with him on brief.

Concurring opinion filed by Circuit Judge Rogers.


Tito Contractors, Inc. (Tito) is a Washington, D.C.-based general contracting company. As it turns out, that label covers a diverse set of services, ranging from masonry to snow removal and recycling services. This case involves the question of what bargaining unit is appropriate when so varied a workforce...

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