Fresh fruit/veg v. NLRB

I. Factual and Procedural Background

Bud Antle processes and distributes lettuce and other vege- tables out of three refrigerated warehouses in California and Arizona. In June 1989, Bud Antle and the Union began nego- tiating for a new labor contract. When negotiations failed to produce a new agreement, the employees began an economic strike. In response, Bud Antle locked out its union employees and hired temporary replacements. The lockout continued for fourteen years.

During the fourteen-year lockout, many of Bud Antle’s operating practices changed. Some changes occurred because of the introduction of new products and others resulted from new technology. For example, the company introduced bagged salads, a product that did not exist when the lockout started in 1989. The need to maintain the freshness of that 1 The legality of the initial strike and the subsequent lockout are not at issue on appeal. 11260 FRESH FRUIT AND VEGETABLE WORKERS v. NLRB product required a more complicated dating and distribution system than the one used in 1989. Similarly, the company introduced hand held scanners, the use of which required additional knowledge and training.

In 2003,…