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Legal Opinion

Wal-Mart Stores, Inc. v. United Food & Commercial Workers International Union

Colorado Court of Appeals

Decided May 5, 2016No. Court of Appeals No. 14CA2061PublishedCited by 11 opinions

1Opinion of the Court

Opinion by

JUDGE MILLER

¶ 1 Defendants, United Food and Commercial Workers International Union (UFCW) and a related entity, Organization United for Respect at Walmart (collectively, unions), appeal the orders from the district court denying their motion to dismiss and entering summary judgment in favor of plaintiff Wal-Mart Stores, Inc, (Walmart)-1 We affirm. In so doing, we hold that the National Labor Relations Act (NLRA), 29 U.S.C. §§ 151-169 (2012), does not arguably prohibit, dnd therefore does not preempt, Walmart’s state claim to enjoin the unions from trespassing on its premises.

I.…

2Cases cited31 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. Linn v. United Plant Guard Workers of America, Local 114Supreme Court of the United States · 1966
  3. Farmer v. United Brotherhood of Carpenters & Joiners of America, Local 25Supreme Court of the United States · 1977
  4. Sears, Roebuck & Co. v. San Diego County District Council of CarpentersSupreme Court of the United States · 1978
  5. Lodge 76, International Ass'n of MacHinists & Aerospace Workers v. Wisconsin Employment Relations CommissionSupreme Court of the United States · 1976

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3Cited by11 opinions

  1. United Food & Commercial Workers International Union v. Wal-Mart Stores, Inc.Court of Special Appeals of Maryland · 2016
  2. United Food & Commercial Workers International Union v. Wal-Mart Stores, Inc.Court of Appeals of Maryland · 2017
  3. United Food & Commercial Workers International Union v. Wal-Mart Stores, Inc.Supreme Court of Arkansas · 2016
  4. View Co. v. Town of MonumentSupreme Court of Colorado · 2020
  5. Wal-Mart Stores, Inc. v. United Food & Commercial Workers International UnionCalifornia Court of Appeal · 2016

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