KESSEL FOOD MARKETS, INC. v. N.L.R.B.

Nos. 87-6362, 87-6365, 88-5043 and 88-5127.

868 F.2d 881 (1989)

KESSEL FOOD MARKETS, INC., and Kessel Food Stores, Inc., (87-6362/88-5127), Petitioners, Cross-Respondents, Local 876, United Food and Commercial Workers International Union, AFL-CIO, CLC, (87-6365), Meat Cutters Local 539, United Food and Commercial Workers International Union, AFL-CIO, CLC (88-5043), Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided March 1, 1989.

Rehearing and Rehearing Denied April 18, 1989.


Attorney(s) appearing for the Case

Joseph F. Martin (argued), Louis C. Rabaut, Warner, Norcross & Judd, Robert J. Chovanec, Grand Rapids, Mich., for Kessel Food Markets, Inc. and Kessel Food Stores, Inc.

Theodore Sachs, Mary Ellen Gurewitz, Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, Detroit, Mich., for Local 876, United Food & Commercial Workers Intern. Union, AFL-CIO, CLC.

Roger J. McClow, Steven M. Wolock, Klimist, McKnight, Sale & McClow, P.C., Southfield, Mich., for Meat Cutters Local 539, United Food and Commercial Workers Intern. Union, AFL-CIO, CLC.

Paul Spielberg, Patrick Szymanski, Aileen A. Armstrong, Joseph Bornong (argued), Deputy Associate General Counsel, N.L.R.B., Washington, D.C., for N.L.R.B.

Before MERRITT, MARTIN and JONES, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 18, 1989.

MERRITT, Circuit Judge.

These labor cases, consolidated for hearing before an NLRB administrative law judge, before the Board, and on appeal, arise from the staffing of eight ex-Kroger grocery stores in Saginaw, Corunna and Flint, Michigan, purchased by petitioners Kessel Food Markets, Inc. and Kessel Food Stores, Inc. (collectively, "Stores"). The Stores and both Local 876, United Food and Commercial...

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