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N.L.R.B. v. BROOKSHIRE GROCERY CO.

No. 90-4071.

919 F.2d 359 (1990)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BROOKSHIRE GROCERY COMPANY, d/b/a Super One Foods, # 601, Respondent.

United States Court of Appeals, Fifth Circuit.

December 19, 1990.

Attorney(s) appearing for the Case

John Fawley, Aileen A. Armstrong, Deputy Associate Gen. Counsel, N.L.R.B., Laurence S. Zakson, Barbara A. Atkin, Washington, D.C., H. Frank Malone, Director, Region 15, N.L.R.B., New Orleans, La., for petitioner.

Stephen W. Smith, David M. Thomas, Fulbright & Jaworski, Houston, Tex., for respondent.

Before RUBIN, SMITH, and BARKSDALE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Respondent Brookshire Grocery Company (Brookshire) promulgated a workplace rule forbidding the discussion of confidential wage information among its employees. Brookshire then suspended an employee for copying confidential wage information from his supervisor's files and distributing the information to his fellow employees. The administrative law judge (ALJ) found that in promulgating its rule Brookshire was guilty of an unfair labor...

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