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UNITED FOOD AND COM. WORKERS v. N.L.R.B.

Nos. 06-1358, 07-1060, 07-1087.

519 F.3d 490 (2008)

UNITED FOOD AND COMMERCIAL WORKERS, AFL-CIO, Local 540, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 14, 2008.

Attorney(s) appearing for the Case

George Wiszynski, argued the cause and filed the briefs for petitioner, United Food and Commercial Workers, AFL-CIO.

Steven D. Wheeless, argued the cause for petitioner, Wal-Mart Stores, Inc. With him on the briefs was Bennett Evan Cooper.

Philip A. Hostak, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Assistant General Counsel, and Robert J. Englehart, Supervisory Attorney. David S. Habenstreit, Attorney, entered an appearance.

Before: TATEL, BROWN and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

This case illustrates some of the collective bargaining complications that ensue when technological developments diminish the need for skilled manual labor. Workers in the meat department at the Wal-Mart in Jacksonville, Texas, elected Local 540 as their bargaining representative. At the time, those workers used specialized meat-cutting skills. Wal-Mart later announced its intention...

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