JONES DAIRY FARM v. N.L.R.B.

Nos. 89-2512, 89-2821.

909 F.2d 1021 (1990)

JONES DAIRY FARM, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, and Local 538, United Food and Commercial Workers Union, AFL-CIO-CLC, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 7, 1990.


Attorney(s) appearing for the Case

Herbert P. Wiedemann, Foley & Lardner, Milwaukee, Wis., for petitioner/cross-respondent.

Aileen A. Armstrong, N.L.R.B., Appellate Court — Enforcement Litigation, Joseph Oertel, Paul J. Spielberg, N.L.R.B., Washington, D.C., George F. Squillacote, N.L.R.B., Milwaukee, Wis., for respondent/cross-petitioner.

Kenneth R. Loebel, Previant, Goldberg, Uelman, Gratz, Miller & Brueggeman, Milwaukee, Wis., for intervening respondent.

Before CUDAHY, COFFEY and MANION, Circuit Judges.


CUDAHY, Circuit Judge.

On June 15, 1989, the National Labor Relations Board (the "Board," the "NLRB") ordered Jones Dairy Farm ("Jones") to cease and desist from implementing a mandatory "work hardening" program. Jones asks us to review and set aside the Board's order; the Board cross-petitions for enforcement of its order.

Jones raises two points in its petition. First, Jones argues that the Wisconsin Worker's Compensation Act, Wis.Stat. § 102.01

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