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ALBERTSON'S INC. v. N.L.R.B.

Nos. 00-2359, 01-1002.

301 F.3d 441 (2002)

ALBERTSON'S INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, United Food and Commercial Workers Union Local 555, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 20, 2002.

Attorney(s) appearing for the Case

James E. Burke III (briefed), Rachael A. Rowe (briefed), Keating, Muething & Klekamp, Cincinnati, OH, Peter M. Anderson (argued and briefed), Patrick Michael Madden (briefed), Preston, Gates & Ellis, Seattle, WA, for Petitioner.

Aileen A. Armstrong (briefed), Charles P. Donnelly, Jr. (briefed), John Arbab (argued), NLRB, Appellate Court Branch, Meredith L. Jason, Julie Marcus (briefed), NLRB, Washington, DC, for Respondent.

Gene B. Mechanic (briefed), Giles H. Gibson (argued and briefed), Goldberg, Mechanic, Stuart & Gibson, Portland, OR, for Intervenor.

Wayne H. Hoecker (briefed), Lathrop & Gage L.C., Kansas City, MO, Michael G. Dolan (briefed), Cadwalader, Wickersham & Taft, New York, NY, Nelson D. Atkin, II (briefed), Barran Liebman LLP, Portland, OR, for Amici Curiae.

Before: CLAY and GILMAN, Circuit Judges; HAYNES, District Judge.

OPINION

CLAY, Circuit Judge.

Albertson's Inc. ("Albertson's"), a retail grocer, seeks review of a decision by the National Labor Relations Board ("Board"), in which the Board held that Albertson's committed an unfair labor practice against two unions when Albertson's allowed charitable groups to solicit on, in and around its property on various occasions, but denied non-employee union representatives the same right. The Board held that this practice violated...

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