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J.C. PENNEY CO., INC. v. N.L.R.B.

Nos. 96-3679, 96-3994.

123 F.3d 988 (1997)

J.C. PENNEY COMPANY, INC., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 1997.

Attorney(s) appearing for the Case

Jack D. Rowe, Brian N. Woolley (argued), Lathrop & Gage, Kansas City, MO, for petitioner J.C. Penney Company, Incorporated.

Elizabeth Kinney, National Labor Relations Board, Chicago, IL, Aileen A. Armstrong, Fred L. Cornnell, Jr. (argued), National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, F. Rozier Sharp, Overland Park, KS, for petitioner National Labor Relations Board.

Steven B. Goldstein, National Labor Relations Board, Contempt Litigation Branch, Washington, DC, Elizabeth Kinney, National Labor Relations Board, Chicago, IL, Aileen A. Armstrong, Fred L. Cornnell, Jr. (argued), National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, for respondent National Labor Relations Board.

Jack D. Rowe, Brian N. Woolley (argued), Lathrop & Gage, Kansas City, MO, Cynthia G. Farris, J.C. Penney, Incorporated, Dallas, TX, for respondent J.C. Penney Company, Incorporated.

Before BAUER, CUDAHY, and KANNE, Circuit Judges.

BAUER, Circuit Judge.

This appeal concerns J.C. Penney Company's petition for review of an order of the National Labor Relations Board ("the NLRB" or "the Board"), which found that J.C. Penney had violated § 8(a)(1) of the National Labor Relations Act ("the NLRA"). Specifically, the Board adopted the findings and order of an administrative law judge ("ALJ"). The ALJ concluded that a J.C. Penney supervisor threatened an employee with discharge because of her union...

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