Kessel Food Markets Inc. v. National Labor Relations Board

These labor cases, consolidated for hearing before an NLRB administrative law judge, before the Board, and on appeal, arise from the staffing of eight ex-Kroger grocery stores in Saginaw, Corunna and Flint, Michigan, purchased by petitioners Kessel Food Markets, Inc. and Kessel Food Stores, Inc. (collectively, "Stores"). The Stores and both Local 876, United Food and Commercial Workers and Meat Cutters Local 539, United Food and Commercial Workers, (collectively, "Unions") petition to vacate portions of the order of the National Labor Relations Board. The Stores also urge that the Boards role under § 10(j) of the Act, 29 U.S.C. § 160(j), in seeking an injunction against them and its subsequent adjudication of charges against them violate their due process right to a hearing before an impartial arbiter. The NLRB cross-petitions for enforcement. Because we believe that the Boards findings are reasonable and supported by substantial evidence and that the § 10(j) process does not violate the Stores right to due process, we enforce the order of the Board.