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K-MART CORP. v. N.L.R.B.

Nos. 94-3528, 94-3634.

62 F.3d 209 (1995)

K-MART CORPORATION, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, and Truck Drivers, Oil Drivers, Filling Station and Platform Workers, Local 705, International Brotherhood of Teamsters, Intervening Respondent, Intervening Cross-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided August 11, 1995.

Attorney(s) appearing for the Case

Elizabeth Kinney, N.L.R.B., Region 13, Chicago, IL, Aileen A. Armstrong, Vincent Falvo (argued), Paul J. Spielberg, N.L.R.B., Appellate Court, Enforcement Litigation, Washington, DC, for N.L.R.B. in No. 94-3634.

John W. Noble, Jr. (argued), Rivkin, Radler & Kremer, Chicago, IL, for K-Mart Corp. in No. 94-3634.

Peggy A. Hillman (argued), Indianapolis, IN, Thomas R. Carpenter, Intern. Broth. of Teamsters, Local 705, Chicago, IL, for Truck Drivers, Oil Drivers, Filling Station and Platform Workers' Union Local 705.

John W. Noble, Jr. (argued), Jon Zimring, Rivkin, Radler & Kremer, Chicago, IL, for K-Mart Corp. in No. 94-3528.

John C. Truesdale, N.L.R.B., Contempt Litigation Branch, Washington, DC, Elizabeth Kinney, N.L.R.B., Region 13, Chicago, IL, Aileen A. Armstrong, Vincent Falvo (argued), Paul J. Spielberg, N.L.R.B., Appellate Court, Enforcement Litigation, Washington, DC, for N.L.R.B. in No. 94-3528.

Before CUDAHY, ESCHBACH and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

K-Mart Corporation seeks review, and the National Labor Relations Board ("NLRB" or "Board") seeks enforcement, of an order directing K-Mart to bargain with Local 705 of the International Brotherhood of Teamsters ("Union"). K-Mart objects to the actions of union officials, who photographed and videotaped the area near the entrance to K-Mart's facility during a union election campaign. The NLRB determined that the photographic activity was benign...

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