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UNITED FOOD & COMMERCIAL WORKERS INTER. UN. v. N.L.R.B.

Nos. 98-1422 & 98-1479.

222 F.3d 1030 (2000)

UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION LOCAL 400, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Farm Fresh Acquisition, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 22, 2000.

Attorney(s) appearing for the Case

Carey R. Butsavage argued the cause for petitioner. With him on the briefs was James B. Coppess.

Steven B. Goldstein, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and David Habenstreit, Supervisory Attorney. John D. Burgoyne, Deputy Associate General Counsel, entered an appearance.

Michael P. Oates argued the cause for intervenor. With him on the brief was A. Neal Barkus.

Before: WILLIAMS, SENTELLE, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

The United Food and Commercial Workers International Union, Local 400, AFL-CIO ("the Union") filed unfair labor practice charges with the National Labor Relations Board in connection with an organizing drive at Farm Fresh grocery stores in the Tidewater area of Virginia.1 The Board determined that Farm Fresh had committed a number of unfair labor practices...

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