SCOMAS OF SAUSALITO, LLC v. N.L.R.B.

No. 15-1412 Consolidated with 15-1476.

849 F.3d 1147 (2017)

SCOMAS OF SAUSALITO, LLC, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. UNITE HERE, Local 2850, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 7, 2017.


Attorney(s) appearing for the Case

Diane Aqui , Santa Rosa, CA, argued the cause and filed briefs for the petitioner.

Heather S. Beard , Attorney, National Labor Relations Board, argued the cause for the respondent. Richard F. 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 her on brief.

Concurring opinion filed by Circuit Judge Henderson.


Scomas of Sausalito (Scomas) operates a seafood restaurant in northern California.1 From 2000 to 2013, it recognized UNITE HERE! Local 2850 (Union) as the exclusive collective-bargaining representative for the restaurant's bartenders, bussers, cooks, dishwashers, hostesses and...

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