United States DC Circuit

Petitions for review of a NLRB order providing that 1) employer has no general duty to bargain with the Union representing meat-department employees; but 2) employer must bargain with the union over the effects of converting into a meat department that sells only pre-packaged meat on meat-department employees are both denied where the Board-s decisions on both issues were reasonable and carefully followed its meat-department precedents. Board-s cross-petition for enforcement is granted.

Appellate Information

• Argued 01/23/2008
• Decided 03/14/2008
• Published 03/14/2008

Judges

• Before: TATEL, BROWN and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• George Wiszynski, argued the cause and filed the briefs for petitioner, United Food and Commercial Workers, AFL-CIO., Steven D. Wheeless, argued the cause for petitioner, Wal-Mart Stores, Inc. With him on the briefs was Bennett Evan Cooper.


• For Appellees:
  
• Philip A. Hostak, Attorney, National Labor Relations Board, argued the cause for respondent.   With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Assistant General Counsel, and Robert J. Englehart, Supervisory Attorney.  David S. Habenstreit, Attorney, entered an appearance.