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N.L.R.B. v. MOUNTAIN COUNTRY FOOD STORE, INC.

No. 90-1385.

931 F.2d 21 (1991)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MOUNTAIN COUNTRY FOOD STORE, INC.; Roswil, Inc. d/b/a Ramey Supermarkets, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided April 23, 1991.

Request For Alteration of Opinion Denied June 3, 1991.

Attorney(s) appearing for the Case

Aileen A. Armstrong, Washington, D.C., for appellant.

Donald W. Jones, Springfield, Mo., for appellee.

Before ARNOLD and FAGG, Circuit Judges, and McMILLAN, Senior District Judge.

FAGG, Circuit Judge.

The National Labor Relations Board (NLRB) petitions for enforcement of its order against Mountain Country Food Store, Inc. and Roswil, Inc. (the stores). We deny enforcement.

The parties do not dispute the controlling facts. In 1981, Teamsters Local Union No. 245 (the union) was the certified bargaining representative for the employees of Aurora Coca-Cola Bottling Company (Aurora Coke) located in Aurora, Missouri. In September 1981, the...

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