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UNITED FOOD AND COMMERCIAL WORKERS UNION v. NLRB

No. 20-1027.

989 F.3d 1034 (2021)

UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 400, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. Kroger Limited Partnership I, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 5, 2021.

Attorney(s) appearing for the Case

Amanda M. Jaret argued the cause for petitioner. With her on the briefs were Carey R. Butsavage , Peter J. Ford , and James B. Coppess , Washington, DC.

Milakshmi V. Rajapakse , Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Peter B. Robb , General Counsel, Ruth E. Burdick , Acting Deputy Associate General Counsel, David Habenstreit , Assistant General Counsel, and Julie Brock Broido , Supervisory Attorney.

King F. Tower , Roanoke, VA, and Frank Friedman were on the brief for intervenor Kroger Limited Partnership I in support of respondent.

Before: Srinivasan, Chief Judge, Henderson, Circuit Judge, and Randolph, Senior Circuit Judge.

United Food and Commercial Workers, Local 400 petitions for review of a National Labor Relations Board decision dismissing an unfair labor practice complaint against Kroger Limited Partnership I. 368 N.L.R.B. No. 64 (2019). The Board contends that we lack jurisdiction to consider Local 400's objection to its decision...

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