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UNITED INDUS. WORKERS v. KROGER CO.

No. 89-3411.

900 F.2d 944 (1990)

UNITED INDUSTRIAL WORKERS, SERVICE, TRANSPORTATION, PROFESSIONAL AND GOVERNMENT OF NORTH AMERICA, ATLANTIC, GULF LAKES AND INLAND WATERS DISTRICT, AFL-CIO, Plaintiff-Appellee, v. The KROGER CO., Defendant-Third-Party Plaintiff-Appellant, v. UNITED FOOD AND COMMERCIAL WORKERS, DISTRICT UNION, LOCAL 1059, Third-Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 12, 1990.

Attorney(s) appearing for the Case

Joan Torzewski (argued), Gerald B. Lackey, Lackey, Nusbaum, Harris, Reny & Torzewski, Toledo, Ohio, for plaintiff-appellee.

Rolf Scheidel, Gregory T. Lodge (argued), Shumaker, Loop & Kendrick, Toledo, Ohio, for defendant-appellant.

Leonard S. Sigall (argued), Reynoldsburg, Ohio, for defendant-appellee.

Before BOGGS, Circuit Judge, PECK, Senior Circuit Judge, and BERTELSMAN, District Judge.

BOGGS, Circuit Judge.

Appellant Kroger Company had a collective bargaining agreement with appellee, the United Industrial Workers, Service, Transportation, Professional and Government of North America, Atlantic, Gulf Lakes and Inland Waters District, AFL-CIO ("UIW"). In 1987, Kroger transferred some work done by the UIW to the United Food and Commercial Workers District Union, Local 1059 ("UFCW"), a union with which Kroger also had a collective bargaining agreement...

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