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PERDUE FARMS, INC., COOKIN' GOOD DIV. v. N.L.R.B.

No. 97-1335.

144 F.3d 830 (1998)

PERDUE FARMS, INC., COOKIN' GOOD DIVISION, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided May 29, 1998.

Attorney(s) appearing for the Case

D. Christopher Lauderdale argued the cause for petitioner/cross-respondent. With him on the briefs was Erin E. Swann.

David A. Fleischer, Senior Attorney, National Labor Relations Board, argued the cause for respondent/cross-petitioner. With him on the brief was Linda Sher, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel. Margaret A. Gaines, Supervisory Attorney, and Steven B. Goldstein, Attorney, entered appearances.

Before: SILBERMAN, RANDOLPH and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

Opinion dissenting in part filed by Circuit Judge RANDOLPH.

TATEL, Circuit Judge:

After a union lost a representation election at a chicken processing plant, the National Labor Relations Board found that the company had committed unfair labor practices by interrogating employees about their union sympathies, as well as by increasing wages and implementing a new attendance policy in order to influence...

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