United States Second Circuit

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SDBC Holdings, Inc. v. NLRB, 10-3709

Petition for review of respondent-NLRB's decision that petitioner engaged in unfair labor practices in connection with its failure to give a union representing some of its employees a 2007 audited financial statement that the union sought during collective bargaining, is granted, and the NLRB's petition to enforce its decision is denied, where: 1) the NLRB's determination that petitioner asserted an inability to pay was not sufficiently supported by the evidence; 2) the NLRB erred in applying established law to the facts in this case; and 3) even assuming that petitioner had an obligation to provide the Union with the 2007 Financial Statement, the NLRB's finding that petitioner failed to satisfy this obligation is also insufficiently supported by the evidence.

Appellate Information

  • Decided 03/28/2013
  • Published 03/28/2013

Judges

  • LIVINGSTON

Court

  • United States Second Circuit

Counsel

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