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WAL-MART STORES, INC. v. N.L.R.B.

Nos. 03-3627, 03-3863.

400 F.3d 1093 (2005)

WAL-MART STORES, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, United Food and Commercial Workers Union, Local 1000, Intervenor on Appeal.

United States Court of Appeals, Eighth Circuit.

Filed: March 14, 2005.

Attorney(s) appearing for the Case

J. Richard Hammett, argued, Houston, TX (Laurence E. Stuart and Liquita Lewis Thompson, on the brief), for petitioner/cross-respondent.

Philip A. Hostak, argued, Washington DC (Charles Donnelly and Michael H. Carlin, on the NLRB brief), for respondent/cross-petitioner.

D.P. Marshall Jr., argued, Jonesboro, AR, for Intervenor UFCW Local 1000.

Before MELLOY, BRIGHT, and BOWMAN, Circuit Judges.

MELLOY, Circuit Judge.

Petitioner appeals the National Labor Relations Board's order finding that it violated Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1) and (3) (the "Act"), by punishing employee Brian Shieldnight for union solicitation. The Board cross-appeals and asks that we enforce the order. We affirm in part and reverse in part the finding of Section 8(a)(1) and 8(a)(3) violations and enforce the Board's order...

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