UNITED FOOD & COMMERCIAL WORKERS v. DEPT. OF AGRI.

No. 21-2220.

36 F.4th 777 (2022)

UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL NO. 663; United Food and Commercial Workers Union, Local No. 2; United Food and Commercial Workers Union, AFL-CIO, CLC; United Food and Commercial Workers Union, Local No. 222, formerly known as United Food and Commercial Workers Union, Local No. 440, Plaintiffs-Appellees v. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant-Appellee Seaboard Foods LLC, Movant Quality Pork Processors, Inc.; WholeStone Farms Cooperative, Inc.; Clemens Food Group, LLC, Movants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 7, 2022.


Attorney(s) appearing for the Case

Nandan M. Joshi , Adam R. Pulver , Public Citizen Litigation Group, Washington, DC, Sarai King , United Food & Commercial Workers, Washington, DC, Timothy J. Louris , Miller & O'Brien, Minneapolis, MN, for Plaintiffs-Appellees United Food and Commercial Workers Union, Local No. 663, United Food and Commercial Workers Union, Local No. 2, United Food and Commercial Workers Union, AFL-CIO, CLC.

Joseph DeMott , Leslie Cooper Vigen , U.S. Department of Justice, Federal Programs, Washington, DC, David W. Fuller , Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN, Benjamin M. Shultz , Mark B. Stern , U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Defendant-Appellee.

Scholastica N.S. Baker , Aaron Daniel Van Oort , Faegre & Drinker, Minneapolis, MN, Martin J. Demoret , Faegre & Drinker, Des Moines, IA, for Movants-Appellants.

Before GRUENDER, BENTON, and ERICKSON, Circuit Judges.


The United States Department of Agriculture ("USDA") adopted a rule eliminating processing-line-speed limits in pork plants. Plaintiffs, unions representing pork-processing-plant workers, sued to vacate the rule as arbitrary and capricious. The district court1 granted summary judgment for Plaintiffs...

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