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SCHNUCK MARKETS, INC. v. N.L.R.B.

Nos. 91-2627, 91-2653.

961 F.2d 700 (1992)

SCHNUCK MARKETS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SCHNUCK MARKETS, INC., Respondent.

United States Court of Appeals, Eighth Circuit.

Decided April 7, 1992.

Attorney(s) appearing for the Case

Dennis G. Collins, St. Louis, Mo., argued (Craig J. Hoefer, on brief), for petitioner.

Marilyn O'Rourke, Washington, D.C., argued (Howard E. Perlstein, Jerry M. Hunter, D. Randall Frye and Aileen A. Armostrong, on brief), for respondent.

Before BOWMAN, MAGILL and LOKEN, Circuit Judges.

MAGILL, Circuit Judge.

Schnuck Markets, Inc., appeals the National Labor Relations Board's determination that the company violated the National Labor Relations Act by demoting Thomas H. Jennings for protected union activity. The Board adopted an administrative law judge's finding that Jennings was not a statutory supervisor and, therefore, the company's demotion of him for union activity violated the Act. Schnucks also appeals the determination that the company violated...

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