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TEAMSTERS LOCAL UNION NO. 89 v. KROGER CO.

No. 09-5534.

617 F.3d 899 (2010)

TEAMSTERS LOCAL UNION NO. 89, Plaintiff-Appellee, v. The KROGER CO., Defendant-Appellant, International Brotherhood of Teamsters, Counterclaim Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2010.

Attorney(s) appearing for the Case

ARGUED: Timothy P. Reilly , Taft Stettinius & Hollister LLP, Cincinnati, Ohio, for Appellant. Frederick Perillo , Previant, Goldberg, Uelman, Gratz, Miller & Brueggeman, Milwaukee, Wisconsin, for Appellee. ON BRIEF: Timothy P. Reilly , John B. Nalbandian , Daniel J. Hoying , Taft Stettinius & Hollister LLP, Cincinnati, Ohio, for Appellant. Frederick Perillo , Nathan D. Eisenberg , Previant, Goldberg , Uelman, Gratz, Miller & Brueggeman, Milwaukee, Wisconsin, for Appellee.

Before: COLE and McKEAGUE, Circuit Judges; MAYS, District Judge.

OPINION

COLE, Circuit Judge.

Plaintiff-Appellee Teamsters Local Union No. 89 ("Local 89" or "the Union") represents employees in a Kentucky warehouse operated by Defendant-Appellant The Kroger Co. ("Kroger"). The parties negotiated a collective bargaining agreement governing labor relations at that warehouse. Local 89 filed two grievances alleging that Kroger violated this agreement by subcontracting out operations to third parties employing non-Local 89...

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