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HARTER TOMATO PRODUCTS CO. v. N.L.R.B.

No. 96-1326.

133 F.3d 934 (1998)

HARTER TOMATO PRODUCTS COMPANY, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided January 23, 1998.

Attorney(s) appearing for the Case

Warren Davison, Baltimore, MD, argued the cause for petitioner/cross-respondent With him on the briefs was Mary E. Bruno, San Francisco, CA.

David A. Seid, Attorney, National Labor Relations Board, Washington, DC, argued the cause for respondent/cross-petitioner. With him on the brief were Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Fred Cornnell, Supervisory Attorney.

Before: WILLIAMS, HENDERSON and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

After a company which processed tomato paste, tomatoes, and other fruits halted operations, petitioner leased all of its facilities, continuing only tomato paste processing. Applying the successorship doctrine, the National Labor Relations Board found that petitioner committed an unfair labor practice by refusing to bargain with the union recognized by the predecessor. Agreeing with...

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