Premium Foods, Incorporated, and v. National Labor Relations Board, And

Premium Foods, Inc. (Premium) petitions for review of an order of the National Labor Relations Board (Board), reported at 260 N.L.R.B. No. 92 (1982). The Board ordered Premium to recognize and bargain with United Food & Commercial Workers Local Union No. 1439 (Union). The Board cross-petitions for enforcement of its order. We enforce the Board’s order.

FACTS

Swift and Company, a large multi-national corporation with numerous facilities throughout the United States, maintained a plant in Spokane, Washington for many years. The Spokane facility purveyed meat and meat products, cheese, fish, shortening and oils to approximately 230 customers in parts of Washington, Montana, and Idaho. Typically, forty percent of its volume was in retail sales and sixty percent in the food service area. Swift closed the Spokane facility on August 1, 1980.

Prior to the closure of the Spokane plant, Swift had entered into a collective bargaining agreement with the Union. The bargaining unit was made up of production and maintenance employees, including truckdri-vers, at the Spokane plant. During normal operating times, approximately twelve or thirteen employees made up the unit. Prior to closure, the…