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ALBERTSON'S, INC. v. N.L.R.B.

No. 97-9509.

161 F.3d 1231 (1998)

ALBERTSON'S, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Food and Commercial Workers Union, Local 394, Intervenor.

United States Court of Appeals, Tenth Circuit.

November 10, 1998.

Attorney(s) appearing for the Case

Brian Michael Mumaugh (Monique A. Tuttle with him on the briefs), of Holland & Hart LLP, Denver, Colorado, for the petitioner.

Ana L. Avendano, Attorney (Margaret Gaines Neigus, Supervisory Attorney, and Anne Marie Lofaso, Attorney, with her on the brief), of the National Labor Relations Board, Washington, D.C., for respondent.

Robert D. Metcalf, Kathryn M. Engdahl, and Connie L. Howard, of Garber & Metcalf, P.A., Minneapolis, Minnesota, on the brief for intervenor.

Before: SEYMOUR, Chief Judge, McWILLIAMS, Senior Circuit Judge, and MURPHY, Circuit Judge.

SEYMOUR, Chief Judge.

The National Labor Relations Board (NLRB) brought unfair labor practice charges against Albertson's, Inc. (Albertson's) under section 8(a)(1) of the National Labor Relations Act (NLRA), 29 U.S.C. § 158(a)(1). The NLRB's complaint alleged that Albertson's engaged in disparate enforcement of its no-solicitation policy against the union representing Albertson's employees, thereby assisting employees in filing a decertification petition, and...

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