KROGER COMPANY v. N. L. R. B.

Nos. 72-1598 and 72-1737.

477 F.2d 1104 (1973)

The KROGER COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PLUMBERS, STEAMFITTERS, & PIPEFITTERS LOCAL NO. 155, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided May 2, 1973.


Attorney(s) appearing for the Case

J. Mack Swigert, Taft, Stettinius & Hollister, Cincinnati, Ohio, for The Kroger Co. by Stanley R. Zirkin, N. L. R. B.

Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Washington, D. C., John J. A. Reynolds, Jr., Director, Region 26, N. L. R. B., Memphis, Tenn., for N. L. R. B.

Tom Gentry, Little Rock, Ark., J. Mack Swigert, Taft, Stettinius & Hollister, Cincinnati, Ohio, for Plumbers, Steamfitters, and Pipefitters Local No. 155.

Before WEICK and McCREE, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.


O'SULLIVAN, Senior Circuit Judge.

This litigation began with a charge by the Kroger Company that Plumbers, Steamfitters & Pipefitters Local No. 155 was guilty of violating Section 8(b) (4) (i) (ii) (A) and (B) of the National Labor Relations Act (29 U.S.C. § 158(b) (4)). The misconduct charged arose from the Kroger Company occupying a store built by its landlord at a shopping center in North Little Rock, Arkansas. Such misconduct consisted of picketing the...

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