WAUGH CHAPEL SOUTH v. UNITED FOOD AND COMMERCIAL

No. 12-1429.

728 F.3d 354 (2013)

WAUGH CHAPEL SOUTH, LLC; WCS LLC; WCS Properties Business Trust; ELG Inglewood LLC, Plaintiffs-Appellants, v. UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 27; United Food & Commercial Workers Union, Local 400; Mid-Atlantic Retail Food Industry Joint Labor Management Fund, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 26, 2013.


Attorney(s) appearing for the Case

ARGUED: Ira Lee Oring , Fedder & Garten, PA, Baltimore, Maryland, for Appellants. Michael Timothy Anderson , Murphy Anderson PLLC, Washington, D.C., for Appellee United Food and Commercial Workers Union Local 27; Sharon McNeilly Goodman , Slevin & Hart, P.C., Washington, D.C., for Appellee Mid-Atlantic Retail Food Industry Joint Labor Management Fund. ON BRIEF: Neil Dubovsky , Fedder & Garten, PA, Baltimore, Maryland, for Appellants. Arlus J. Stephens , Lorrie E. Bradley , Murphy Anderson PLLC, Washington, D.C., Joel A. Smith , David Gray Wright , Kahn, Smith & Collins, P.A., Baltimore, Maryland, for Appellee UFCW Local 27; Carey R. Butsavage , John A. Durkalski , Butsavage & Associates, P.C., Washington, D.C., for Appellee UFCW Local 400; Barry S. Slevin , Laura O. Aradi , Slevin & Hart, P.C., Washington, D.C., for Appellee MRFI JLM Fund.

Affirmed in part, vacated in part, and remanded by published opinion. Judge DIAZ wrote the opinion, in which Judge KING and Judge FLOYD joined.


DIAZ, Circuit Judge:

Waugh Chapel South, LLC, WCS LLC, WCS Properties Business Trust (collectively "WCS") sued the United Food and Commercial Workers Union Locals 27 and 400 ("UFCW") and the Mid-Atlantic Retail Food Industry Joint Labor Management Fund (the "Fund") under the Labor Management Relations Act (the "LMRA"), 29 U.S.C. § 187, which provides a cause of action for victims of "unfair labor practices" as defined by the National Labor Relations Act (the...

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