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UNITED FOOD AND COMM. WRKS. v. BROWN GROUP

No. 94-1929.

50 F.3d 1426 (1995)

UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, LOCAL 751, as representative of the aggrieved employees, Appellant, v. BROWN GROUP, INC., doing business as Brown Shoe Co., Appellee. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America; Oil, Chemical and Atomic Workers International Union; United Mine Workers of America, International Union; The Guild/Sugar Law Center for Economic and Social Justice, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided April 3, 1995.

Rehearing and Suggestion for Rehearing Denied May 25, 1995.

Attorney(s) appearing for the Case

Renee L. Bowser, Asst. Atty. Gen., argued, for appellant United Food and Commercial Workers Intern. Union.

Kary L. Moss, Detroit, MI, argued, for amicus curiae Guild/Sugar Law Center for Economic and Social Justice.

Michelle M. Cain, St. Louis, MO, argued (James N. Foster, Jr., on the brief), for appellee.

Before BOWMAN and LOKEN, Circuit Judges, and BOGUE, Senior District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied May 25, 1995.

BOWMAN, Circuit Judge.

The United Food and Commercial Workers Union, Local 751 (UFCW or union) appeals from the judgment of the District Court1 granting the motion to dismiss filed by Brown Group, Inc., d/b/a Brown Shoe Company. We affirm.

I.

Brown Shoe mailed a letter dated January 17, 1992, to an employee...

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