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CONSTELLATION BRANDS, U.S. OPERATIONS v. NLRB

Nos. 15-2442-ag, 15-4106-ag August Term 2016.

842 F.3d 784 (2016)

CONSTELLATION BRANDS, U.S. OPERATIONS, INC., DBA Woodbridge Winery, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner, Teamsters Local Union 601, Intervenor.

United States Court of Appeals, Second Circuit.

Decided: November 21, 2016.

Attorney(s) appearing for the Case

SHAY DVORETZKY (David Raimer, Willis J. Goldsmith, on the brief) Jones Day, Washington, DC, for Petitioner-Cross-Respondent.

GREG P. LAURO, Attorney (Jennifer Abruzzo, Deputy General Counsel; John H. Ferguson, Associate General Counsel; Linda Dreeben, Deputy Associate General Counsel; Julie B. Broido, Supervisory Attorney, on the brief), for Richard F. Griffin, Jr., General Counsel, National Labor Relations Board, Washington, DC, for Respondent-Cross-Petitioner.

MATTHEW J. GINSBURG, AFL-CIO, Washington, DC (James B. Coppess, AFL-CIO, Washington, DC; Robert Bonsall, Beeson, Tayer & Bodine, Sacramento, CA, on the brief), for Intervenor.

Before: Walker, Cabranes, and Lohier, Circuit Judges.

This case presents two questions. The first is whether the framework for evaluating proposed bargaining units set forth in Specialty Healthcare & Rehabilitation Center of Mobile, 357 N.L.R.B. 934 (2011), is unlawful. Under this framework, the National Labor Relations Board (the "Board") uses a two...

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