DC Circ. Says It Can't Decide Kroger Union Access Fight

Law360 (March 5, 2021, 1:04 PM EST) -- A D.C. Circuit panel said on Friday it can't hear the United Food and Commercial Workers' challenge to a National Labor Relations Board ruling that Kroger legally called the cops on union agents in a Virginia store's parking lot because the union raised new arguments on appeal.

The panel said it doesn't have jurisdiction to consider United Food and Commercial Workers Local 400's argument that Kroger acted on illegal anti-union animus because no party made that argument in the underlying board litigation, citing its limited power to consider novel theories on review.

"The proceedings below focused solely on disparate enforcement of...

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