Nos. 97-2353, 97-2679.

140 F.3d 684 (1998)

DREYER'S GRAND ICE CREAM, INC., d/b/a Edy's Grand Ice Cream, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided March 27, 1998.

Attorney(s) appearing for the Case

Gregory D. Wolflick (argued), Wolflick & Simpson, Glendale, CA, for Dreyer's Grand Ice Cream, Inc.

Charles P. Donnelly, Jr., National Labor Relations Board, Contempt Litigation Board, Aileen A. Armstrong, Vincent Falvo (argued), National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, Walter Steele, National Labor Relations Board, Region 25, Indianapolis, IN, for National Labor Relations Board.

Before CUDAHY, FLAUM, and MANION, Circuit Judges.

FLAUM, Circuit Judge.

In the wake of a failed unionization drive at its Fort Wayne, Indiana plant, Edy's Grand Ice Cream ("Edy's") took steps to avoid future organizational efforts. Accordingly, Edy's fired five employees who had been active with the union and committed lesser acts of retaliation against several others. These lesser acts included instructing employees who had supported the union to quit, interrogating them about their union activities, and suspending...

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