UNITED FOOD & COMMERCIAL WORKERS v. KROGER CO.

No. 22-5085.

51 F.4th 197 (2022)

UNITED FOOD & COMMERCIAL WORKERS, LOCAL 1995, Plaintiff-Appellee, v. KROGER CO., Defendant, Kroger Limited Partnership I, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 14, 2022.


Attorney(s) appearing for the Case

ON BRIEF: James A. Mills , David A. Nenni , JACKSON LEWIS, P.C., Cincinnati, Ohio, for Appellant. David W. Garrison , Scott P. Tift , BARRETT JOHNSTON MARTIN & GARRISON, LLC, Nashville, Tennessee, for Appellee.

SILER, J., delivered the opinion of the court in which McKEAGUE, J., joined. LARSEN, J. (pp. 209-15), delivered a separate dissenting opinion.


OPINION

Kroger Limited Partnership I appeals the district court's order granting the motion for judgment on the pleadings brought by United Food & Commercial Workers, Local 1995. For the following reasons, we AFFIRM.

I.

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