SHAW'S SUPERMARKETS, INC. v. N.L.R.B.

No. 88-1936.

884 F.2d 34 (1989)

SHAW'S SUPERMARKETS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, First Circuit.

Decided August 31, 1989.


Attorney(s) appearing for the Case

Murray S. Freeman with whom Mark J. Mahoney and Nutter, McClennen & Fish were on brief for petitioner.

Paul Hitterman with whom Rosemary M. Collyer, Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, and Peter Winkler, Supervisory Atty., were on brief for respondent.

Before BREYER and SELYA, Circuit Judges, and CAFFREY, Senior District Judge.


BREYER, Circuit Judge.

The National Labor Relations Board (the "Board") found that Shaw's Supermarkets ("Shaw") violated National Labor Relations Act ("NLRA") § 8(a)(1), 29 U.S.C. § 158(a)(1), during a representation election held at Shaw's Wells, Maine distribution facility in January 1987. In the election, 71 votes were cast for no union, 46 votes for a Teamsters local, and one vote for an independent union. The finding of violation rested primarily upon...

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