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UFCW, LOCAL NO. 150-A v. N.L.R.B.

Nos. 91-1290, 91-1325.

1 F.3d 24 (1993)

UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, AFL-CIO, LOCAL NO. 150-A, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent Dubuque Packing Company, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 10, 1993.

Attorney(s) appearing for the Case

Eugene Cotton, Chicago, IL, argued the cause for United Food & Commercial Workers Intern. Union, AFL-CIO, Local No. 150-A, petitioner in No. 91-1290 and intervenor in No. 91-1325. With him on the brief were Irving M. King, Michael H. Slutsky, Chicago, IL, and George R. Murphy, Washington, DC.

Soren S. Jensen, Lincoln, NE, argued the cause for Dubuque Packing Co., Inc., petitioner in No. 91-1325 and intervenor in No. 91-1290. With him on the brief were Gerard C. Smetana, Chicago, IL, and Michael E. Avakian, North Springfield, VA.

David A. Fleischer, Attorney, National Labor Relations Bd. ("NLRB"), argued the cause for respondent. With him on the brief were Jerry M. Hunter, General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel, NLRB, Washington, DC. Howard E. Perlstein, Washington, DC, also entered an appearance for respondent.

Before EDWARDS, RUTH BADER GINSBURG, and BUCKLEY, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Dubuque Packing Company petitions for review of a National Labor Relations Board order holding that it committed unfair labor practices by breaching its duty to bargain with its union regarding the relocation of its "hog kill and cut" operations. We hold that the new standard adopted by the Board for evaluating such claims is an acceptable reading of the National Labor Relations...

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