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N.L.R.B. v. DOMINICK'S FINER FOODS, INC.

Nos. 93-1365, 93-1545.

28 F.3d 678 (1994)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and Local 703, IBT, AFL-CIO, Intervening Petitioner, v. DOMINICK'S FINER FOODS, INC., Donna's Distribution, Certified Grocers Midwest, Inc., and Mavo Leasing, Respondents. PRODUCE, FRESH & FROZEN FRUITS & VEGETABLES, FISH, BUTTER, EGGS, CHEESE, POULTRY, FLORISTS, NURSERY, LANDSCAPER & ALLIED EMPLOYEES, DRIVERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS UNION, LOCAL 703, as a Division of Truck Drivers, Chauffeurs, Warehousemen and Helpers Union, Local 707, affiliated with the National Production Workers Union, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Local 703, IBT, AFL-CIO, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided July 1, 1994.

Attorney(s) appearing for the Case

Joseph Oertel (argued), N.L.R.B., Contempt Litigation Branch, Washington, DC, Elizabeth Kinney, N.L.R.B., Chicago, IL, Aileen A. Armstrong, Howard E. Perlstein, N.L.R.B., Appellate Court, Enforcement Litigation, Washington, DC, for N.L.R.B.

Neal Petronella, P. Neill Murphy, John Murphy (argued), Kovar, Nelson, Brittain, Sledz & Morris, Chicago, IL, for Dominick's Finer Foods, Inc.

Neal Petronella, P. Neill Murphy, Kovar, Nelson, Brittain, Sledz & Morris, Chicago, IL, for Donna's Distribution.

Jeffrey S. Goldman, Joshua D. Holleb, Fox & Grove, Chicago, IL, for Certified Grocers Midwest, Inc.

Anthony S. Graefe, Brian Steinbach, Banta, Cox & Hennessy, Chicago, IL, for Mavo Leasing.

Susan Brannigan, Asher, Gittler, Greenfield, Cohen & D'Alba, Chicago, IL, for Local 703, International Brotherhood of Teamsters, AFL-CIO.

Cora M. Vaughn (argued), Vaughn & Associates, Gary, IN, for Produce, Fresh & Frozen Fruits & Vegetables, Fish, Butter, Eggs, Cheese, Poultry, Florists, Nursery Landscape & Allied Employees, Drivers, Chauffers, Warehousemen and Helpers Union Local, 703.

Before CUDAHY and ROVNER, Circuit Judges, and WILL, District Judge.

WILL, District Judge.

Before us are cross-petitions to enforce and review an order by the National Labor Relations Board ("the Board") finding the respondents Truck Drivers Local 707 of the National Production Workers' Union, Dominick's Finer Foods, Donna's Distribution, Certified Grocers Midwest, Inc., and Mavo Leasing guilty of unfair labor practices in a representation dispute with Local 703 of the International Brotherhood of Teamsters, AFL-CIO. For the reasons...

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