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2021 Supreme(US)(ca7) 308

COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Brennan
NLRB – Appellant
Versus
Mondelez Global LLC – Respondent



United States Court of Appeals For the Seventh Circuit ____________________ Nos. 20-1616 & 20-1701 MONDELEZ GLOBAL LLC, Petitioner / Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent / Cross-Petitioner,

and BAKERY, CONFECTIONARY, TOBACCO WORKERS AND GRAIN MILLERS INTERNATIONAL UNION, LOCAL 719, AFL-CIO, Intervenor-Respondent. ____________________

Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board. Nos. 22-CA-174272, 22-CA-178370, 22-CA-178591, 22-CA-180206, 22-CA 180213, 22-CA-183609, 22-CA-181423, 22-CA-179007 ____________________

ARGUED JANUARY 13, 2021 — DECIDED JULY 21, 2021 ____________________

Before FLAUM, BRENNAN, and SCUDDER, Circuit Judges. 2 Nos. 20-1616 & 20-1701

BRENNAN, Circuit Judge. A union filed charges of unfair la- bor practices against Mondelez Global, a manufacturer of baked goods, alleging violations of the National Labor Rela- tions Act. The National Labor Relations Board’s General Counsel filed a consolidated complaint, and an administra- tive law judge found that the company had unlawfully dis- charged union officials, made unilateral changes to various conditions of employment, and failed to timely and com- pletely provide relevant information the union requested. The Board agreed. Because substantial evidence supports the Board’s decision, we deny Mondelez’s petition for review and grant the Board’s cross-application for enforcement. I Mondelez, an Illinois corporation, makes Ritz crackers, Oreo cookies, and other baked goods at its production plant in Fair Lawn, New Jersey. 1 Local 719—a chapter of the Bak- ery, Confectionary, Tobacco Workers and Grain Millers Inter- national Union—represents the Fair Lawn plant’s production workers (excluding supervisors) across several departments. Each employee is assigned a specific job classification and prohibited from working in other classifications. Nafis Vlashi, Claudio Gutierrez, and Bruce Scherer were prominent advocates for the union. During the relevant pe- riod, Vlashi served as Local 719’s president, and Gutierrez and Scherer were longtime union stewards. In these roles, they represented the interests of unionized workers, which in- cluded ensuring that they “receive their fair share of over- time” and that Mondelez does not instruct them to work in

1 We draw the facts from the Board’s decision and order, ALJ’s deci- sion, ALJ hearing transcript, parties’ briefs, and exhibits. Nos. 20-1616 & 20-1701 3 classifications other than their own. As union officials, Vlashi, Gutierrez, and Scherer occasionally became embroiled in “heated disputes” with Mondelez’s management and super- visors. The relationship between Mondelez and Local 719 deteri- orated during 2016. This manifested in numerous ways, in- cluding union protests, disputes about overtime, changes to terms and conditions of the collective bargaining agreement between the company and the union (the “CBA”), and the company’s delayed responses to the union’s information re- quests. Below we detail the facts of these various disputes, which show the tension between Mondelez and Local 719 that persisted throughout 2016. A In 2014, Mondelez took over operations of the Fair Lawn plant from its predecessor, Kraft Foods Global, Inc. 2 In this transition, Mondelez adopted the then-existing CBA between Kraft and Local 719. After that agreement expired in February 2016, the union officials—Vlashi among them—met with the management to negotiate a successor CBA, b

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