SDBC Holdings, Inc. v. NLRB, No. 10-3709 (2d Cir. 2013)
Annotate this CaseSDBC, formerly known as Stella D'oro, petitioned for review of a decision and order of the Board which held that Stella D'oro engaged in unfair labor practices principally by declining to permit the Union to retain a copy of the 2007 audited financial statement during the course of collective bargaining. The Board cross-petitioned for enforcement. The court concluded that there was insufficient evidence in the record to support the Board's conclusion that Stella D'oro pled an "inability to pay," thereby triggering a duty for the company to substantiate those assertions; moreover, the Board erroneously disregarded settled law in failing to properly apply or distinguish through reasoned decisionmaking Stroehmann Bakeries. Even if the facts supported a conclusion that Stella D'oro pled an inability to pay, Stella D'oro adequately substantiated its assertions by making the 2007 Financial Statement available to Union representatives for examination and note-taking, and therefore the company acted lawfully. Accordingly, SDBC's petition for review of the Board's decision was granted, and the Board's cross-petition for enforcement was denied.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.