United States Eleventh Circuit

Petition for enforcement of a NLRB affirmative bargaining order on respondent-employer is granted where: 1) ample evidence supported the Board's findings; 2) the Board's analysis adequately considered factors appropriate for issuing an affirmative bargaining order as a remedy; and 3) although the Board's delay of over five years in ruling in this case was of considerable concern, the peculiar posture of this case and the particularly egregious nature of respondent's unfair labor practices convinced the circuit court not to impose upon the Board a sua sponte duty to reopen the record.

Appellate Information

• Decided 04/24/2008
• Published 04/24/2008

Judges

• ANDERSON, Circuit Judge:, Before ANDERSON and BARKETT, Circuit Judges, and TRAGER, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Linda Dreeben, David Habenstreit, Stacy Zimmerman, Fred B. Jacob, NLRB, Washington, DC, for NLRB., David M. Prouty, Unite Legal Dept., New York City, for Intervenor.


• For Appellees:
  
• David C. Miller, James C. Crosland, Bryant, Miller, Olive, P.A., Miami, FL, Carlos G. Ortiz, Goya Foods, Inc., Secaucus, NJ, for Respondent.