KMART CORPORATION d/b/a Super Kmart Center (Bradley and Broadview, Illinois), Petitioner and Cross-Respondent,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent and Cross-Petitioner, and
Local 546, United Food and Commercial Workers Union, AFL-CIO, Intervenor.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued September 16, 1998.
Decided March 31, 1999.
Attorney(s) appearing for the Case
Jeffrey C. Kauffman, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for K-Mart Corp. in Nos. 97-3587, 97-4167, 98-1140.
John D. Burgoyne, David Habenstreit, Rachel Gartner (argued), National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC; Glenn A. Zipp, National Labor Relations Board, Region 33, Peoria, IL, for N.L.R.B. in No. 97-4090.
Douglas A. Darch (argued), Jeffrey C. Kauffman, David S. Baffa, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, Niels Hansen, Kmart Corporation, Troy, MI, for K-Mart Corp. in No. 97-4090.
Rachel Gartner (argued), John D. Burgoyne, National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC; Stephen S. Shostrom, National Labor Relations Board, Region 33, Peoria, IL, for N.L.R.B. in Nos. 97-3587.
Elizabeth Kinney, National Labor Relations Board, Region 13, Chicago, IL, John D. Burgoyne, National Labor Relations Board, Appellate Court, Enforcement Litigation, Washingtion, DC, for N.L.R.B. in No. 97-4167.
Elizabeth Kinney, National Labor Relations Board, Region 13, Chicago, IL; John D. Burgoyne, David Habenstreit, Rachel Gartner, National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, for N.L.R.B. in No. 98-1140.
Before COFFEY, ROVNER and EVANS, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
COFFEY, Circuit Judge.
In two separate proceedings, the respondent National Labor Relations Board ("NLRB" or "Board") found that the petitioner Kmart Corporation ("Kmart") violated sections 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. § 151, et seq., by refusing to bargain with two unions that were certified as the collective-bargaining representatives of appropriate units of Kmart's meat department employees at two Super Kmart Center...
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