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BE-LO STORES v. N.L.R.B.

Nos. 96-1575, 96-1657.

126 F.3d 268 (1997)

BE-LO STORES, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Food and Commercial Workers International Union, Local 400, AFL-CIO, CLC, Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, United Food and Commercial Workers International Union, Local 400, AFL-CIO, CLC, Intervenor, v. BE-LO STORES, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1997.

Attorney(s) appearing for the Case

ARGUED: Stanley Graves Barr, Jr., Charles Vincent McPhillips, Kaufman & Canoles, P.C., Norfolk, VA, for Be-Lo Stores. John Emad Arbab, National Labor Relations Board, Washington, DC, for NLRB. Carey Robert Butsavage, Butsavage & Associates, P.C., Washington, DC, for Intervenor. ON BRIEF: Arlene F. Klinedinst, Ashley L. Taylor, Jr., Kaufman & Canoles, P.C., Norfolk, VA, for Be-Lo Stores. Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Peter Winkler, Supervisory Attorney, William A. Baudler, National Labor Relations Board, Washington, DC, for NLRB. George Wiszynski, Butsavage & Associates, P.C., Washington, DC, for Intervenor.

Before ERVIN and LUTTIG, Circuit Judges, and HILTON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed in part, affirmed in part, and remanded by published opinion. Judge LUTTIG wrote the majority opinion, in which Judge HILTON joined. Judge ERVIN wrote a dissenting opinion.

OPINION

LUTTIG, Circuit Judge:

"[O]ur nation's labor policies have never included a preference for imposing a collective bargaining representative upon those who have not affirmatively chosen that representative by election." N.L.R.B. v. Apple Tree Chevrolet, Inc....

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