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BLOEDORN v. FRANCISCO FOODS, INC.

No. 00-1860.

276 F.3d 270 (2001)

Philip E. BLOEDORN, Regional Director of Region 30 of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Plaintiff-Appellant, v. FRANCISCO FOODS, INC., d/b/a Piggly Wiggly, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 28, 2001.

Attorney(s) appearing for the Case

Ellen A. Farrell, NLRB, Inj. Lit. Bd., Richard J. Lussier (argued), NLRB, Washington, DC, for Plaintiff-Appellant.

James R. Macy, Alyson K. Zierdt (argued), Davis & Kuelthau, Oshkosh, WI, for Defendant-Appellee.

Before ROVNER, DIANE P. WOOD, and WILLIAMS, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Until 1999, the employees of the Piggly Wiggly grocery store in Ripon, Wisconsin, were represented by the United Food and Commercial Workers Union, Local No. 73A, AFL-CIO-CLC (the "Union"). When the owner of the store announced his intent to sell the franchise to Francisco Foods, Inc. ("FFI"), FFI invited store employees to submit applications to work for the new owner. Fewer than half of the employees that joined the FFI workforce...

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