The Dairy Workers Union has won the right to take a case to the Court of Appeal arising from a recent dispute at the Open Country cheese factory, at Waharoa in Waikato.
The long dispute was settled last week, with the negotiation of a collective agreement covering union memers at the plant.
But the union is still challenging an ruling by the Employment Court that Open Country acted legally in bringing in personnel from other plants to run the factory when 36 union members were on strike.
national secretary James Ritchie says it will ask the Court of Appeal to reconsider that decision.
He said the court's decision on the use of strike breakers, is unpalatable to the wider union movement.
Open Country chairman Laurie Margrain says the appeal will have no immediate bearing on the company because the dispute's been settled.
The ciompany will decide in the next few days whether it's going to respond.