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UNITED FOOD & C. WORKERS I. UNION v. N.L.R.B.

Nos. 84-1077, 84-1126.

768 F.2d 1463 (1985)

UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, AFL-CIO, LOCAL 152, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Spencer Foods, Inc., Intervenor. SPENCER FOODS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Food and Commercial Workers International Union, AFL-CIO, Local 152, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 1985.

As Amended August 15, 1985.

Attorney(s) appearing for the Case

Peggy A. Hillman, Chicago, Ill., with whom Eugene Cotton, Chicago, Ill., and George R. Murphy, Washington, D.C., were on brief, for United Food and Commercial Workers Intern. Union, AFL-CIO, Local 152, petitioner in No. 84-1077 and intervenor in No. 84-1126. Carol Clifford, Washington, D.C., entered an appearance, for Local 152 as intervenor in No. 84-1126.

John J. McGirl, Jr., Minneapolis, Minn., with whom Lisa M. Hurwitz, Minneapolis, Minn., was on brief, for Spencer Foods, Inc., petitioner in No. 84-1126 and intervenor in No. 84-1077.

Barbara A. Atkin, Atty., N.L.R.B., Washington, D.C., with whom Wilford W. Johansen, Acting Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and Patrick J. Szymanski, Atty., N.L.R.B., Washington, D.C., were on brief, for respondent.

Before WRIGHT and TAMM, Circuit Judges, and OBERDORFER, District Judge.

Opinion for the court filed by District Judge OBERDORFER.

OBERDORFER, District Judge.

This case is before us on the consolidated petitions of the United Food and Commercial Workers International Union, AFL-CIO, Local 152 ("the Union") (No. 84-1077) and Spencer Foods, Inc. ("SF") (No. 84-1126) to review and set aside or modify an order of the National Labor Relations Board ("the Board"), reported at 268 N.L.R.B. 1483 (1984). We address each petition separately...

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