UNITED FOOD AND COMMERCIAL WORKERS, AFL-CIO, LOCAL NO. 880, Petitioner,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 11, 1995.
Decided January 26, 1996.
Attorney(s) appearing for the Case
Laurence S. Gold, Washington, DC, argued the cause, for petitioners with whom George R. Murphy, David M. Silberman, Virginia A. Seitz and Judith A. Scott were on the briefs. George Wiszynski and Peter J. Ford entered appearances.
Robert J. Englehart, Washington, DC, argued the cause, for respondent with whom Linda R. Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Margaret G. Neigus, Supervisory Attorney, were on the brief. Paul J. Spielberg, Deputy Assistant General Counsel, and Jill A. Griffin, Attorney, entered appearances.
Peter B. Kupelian, Southfield, MI, argued the cause and filed the brief, for intervenor Macomb Mall Associates, a limited partnership.
John S. Irving, Jr., Washington, DC, argued the cause for amicus curiae Chamber of Commerce of the United States et al., with whom Christopher Landau, Stephen A. Bokat, Mona C. Zeiberg and Hymen Bear were on the brief.
Harold R. Weinrich, Washington, DC, entered an appearance for intervenor Sears, Roebuck & Company.
Before: EDWARDS, Chief Judge, BUCKLEY and WILLIAMS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
HARRY T. EDWARDS, Chief Judge:
In NLRB v. Babcock & Wilcox Co.,351 U.S. 105, 112-13, 76 S.Ct. 679, 684-85, 100 L.Ed. 975 (1956), the Supreme Court held "that an employer may validly post his property against nonemployee distribution of union literature," except when "the location of a plant and the living quarters of the employees place the employees beyond the reach of reasonable union efforts to communicate with them....
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