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UNITED NATURAL FOODS, INCORPORATED v. NLRB

No. 21-60532.

66 F.4th 536 (2023)

UNITED NATURAL FOODS, INCORPORATED, doing business as United Natural Foods, Incorporated and SuperValu, Incorporated, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

FILED April 24, 2023.

Attorney(s) appearing for the Case

Philip Andrew Miscimarra , Michael E. Kenneally , Morgan, Lewis & Bockius, L.L.P., Washington, DC, Lauren Emery , Morgan, Lewis & Bockius, L.L.P., Chicago, IL, for Petitioner.

Steven Bieszczat , Ruth E. Burdick , National Labor Relations Board, Washington, DC, Heather Stacy Beard, Esq. , Attorney, National Labor Relations Board, Appellate & Supreme Court Litigation Branch, Washington, DC, Dalford Dean Owens, Jr , National Labor Relations Board, Contempt, Compliance, & Special Litigation Branch, Washington, DC, Daniel Bentele Robs Tenny, Esq. , U.S. Department of Justice Civil Division, Washington, DC, for Respondent.

Danielle Franco-Malone , Benjamin Berger , Barnard Iglitzin & Lavitt, L.L.P., Seattle, WA, for Intervenors Teamsters Local 117, Teamsters Local 313.

Before Higginbotham, Higginson, and Oldham, Circuit Judges.

After the Acting General Counsel of the National Labor Relations Board withdrew an unfair labor practice complaint that his predecessor had issued against a union, the aggrieved employer requested permission to appeal the complaint's withdrawal to the Board. The Board denied the request, concluding that the Acting...

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