N.L.R.B. v. AMERICOLD LOGISTICS, INC.

No. 99-2764.

214 F.3d 935 (2000)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. AMERICOLD LOGISTICS, INC., Respondent.

United States Court of Appeals, Seventh Circuit.

Decided June 6, 2000.


Attorney(s) appearing for the Case

Howard E. Perlstein (argued), National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, Glenn A. Zipp, National Labor Relations Board, Region 33, Peoria, IL, Aileen Armstrong, National Labor Relations Board, Office of the General Counsel, Washington, DC, for Petitioner.

Anita Lechner Bosch, McGlinchey Stafford, PLLC, New Orleans, LA, Michael Rubin (argued), Altshuler, Berzon, Nussbaum, Berzon & Rubin, San Francisco, CA, for Respondent.

Before BAUER, KANNE, and EVANS, Circuit Judges.


TERENCE T. EVANS, Circuit Judge.

Marking an X in either the "yes" or "no" box of a ballot might not seem like a particularly demanding task. But in this labor election on whether to unionize, one ingenious worker forsook those unimaginative choices, ignored the ballot's clearly written directions, and instead scribbled "neither nor" on his ballot, creating a quandary that put the outcome of the election in doubt.

In April 1998 the National Labor Relations...

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