MONFORT, INC. v. N.L.R.B.

Nos. 90-9518, 91-9501.

965 F.2d 1538 (1992)

MONFORT, INC., formerly known as Monfort of Colorado, Inc., and United Food and Commercial Workers, AFL-CIO, Local Union No. 7-R, aka United Food and Commercial Workers, AFL-CIO, Local Union No. 7, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Tenth Circuit.

Publication Ordered May 19, 1992.


Attorney(s) appearing for the Case

John M. Husband of Holland & Hart, Denver, Colo. (Warren L. Tomlinson and Michael S. Beaver of Holland & Hart, Denver, Colo., Charles E. Sykes of Bruckner & Sykes, Houston, Tex., with him on the brief), for petitioner Monfort, Inc.

Martin D. Buckley of Berenbaum & Weinshienk, Denver, Colo. (A. Elizabeth Meyers of Berenbaum & Weinshienk, Denver, Colo., George R. Murphy, Gen. Counsel, Carol L. Clifford, Asst. Gen. Counsel, United Food and Commercial Workers Intern. Union, Washington D.C., with him on the brief), for petitioner United Food and Commercial Workers, AFL-CIO, Local Union No. 7-R.

Julie Broido, Sr. Atty. (Jerry M. Hunter, Gen. Counsel, D. Randall Frye, Acting Deputy Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, and Linda Dreeben, Supervising Atty. with her on the brief), N.L.R.B., Washington D.C., for respondent.

Before LOGAN, MOORE and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

Monfort, Inc. and United Food and Commercial Workers Union, AFL-CIO, Local Union No. 7-R ("Union") petition for review of an order of the National Labor Relations Board ("Board"). Monfort challenges the Board's finding that Monfort, when it reopened its Greeley, Colorado plant, unlawfully discriminated against former employees in hiring because of the former employees' Union activity and membership...

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