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SMEGAL v. GATEWAY FOODS OF MINNEAPOLIS, INC.

No. 86-5414.

819 F.2d 191 (1987)

Richard L. SMEGAL, Marvin A. Rogers and Rodney W. Bomstad, on behalf of themselves and all others similarly situated, Appellants, v. GATEWAY FOODS OF MINNEAPOLIS, INC. and Over-the-Road, City Transfer, Cold Storage, Grocery & Market Drivers, Helpers & Inside Employees Union, Local No. 544, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, National Super Markets, Inc., Appellees. and GATEWAY FOODS OF MINNEAPOLIS, INC. and Over-the-Road, etc. Local 544, v. NATIONAL SUPER MARKETS, INC.

United States Court of Appeals, Eighth Circuit.

Decided May 21, 1987.

As Amended June 19, 1987.

Rehearing Denied June 19, 1987.

Attorney(s) appearing for the Case

James C. O'Neill, St. Paul, Minn., for appellants.

Martin Costello, St. Paul, Minn., for Teamsters.

David R. Hols, Minneapolis, Minn., for Gateway Foods.

Before ARNOLD, Circuit Judge, WRIGHT, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

EUGENE A. WRIGHT, Senior Circuit Judge.

The sole issue in this appeal is whether Gateway Foods of Minneapolis, Inc. is a successor employer, obligated to adhere to the terms of the collective bargaining agreement between National Super Markets, Inc. and Over-the-Road, City Transfer, Cold Storage, Grocery & Market Drivers, Helpers & Inside Employees Union, Local No. 544. We hold that it is not a successor employer and do not reach the issue of its obligation...

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