FLEMING COMPANIES, INC. v. N.L.R.B.

Nos. 01-3765 & 02-1226.

349 F.3d 968 (2003)

FLEMING COMPANIES, INC., Memphis General Merchandise Division, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided November 18, 2003.


Attorney(s) appearing for the Case

Howard S. Linzy, The Kullman Firm, New Orleans, LA, Charles M. Elmer, The Kullman Firm, Birmingham, AL, for Petitioner.

Julie B. Broido, Washington, DC, Elizabeth Kinney, Chicago, IL, Aileen Armstrong, Office of the General Counsel, Washington, DC, for Respondent.

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


ILANA DIAMOND ROVNER, Circuit Judge.

In 1997, employees of a warehouse in Memphis, Tennessee, began a union organizing drive in preparation for an election to determine if there was sufficient support for a union at the warehouse. The union filed a complaint with the National Labor Relations Board ("Board") against the owner of the warehouse, Fleming Companies, Inc., Memphis General Merchandise Division ("Fleming"), alleging that Fleming committed several unfair labor...

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