N.L.R.B. v. J. S. ALBERICI CONST. CO., INC.

No. 78-1063.

591 F.2d 463 (1979)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. J. S. ALBERICI CONSTRUCTION COMPANY, INC., Respondent.

United States Court of Appeals, Eighth Circuit.

Decided January 24, 1979.


Attorney(s) appearing for the Case

Vivian A. Miller, Atty., N.L.R.B., Washington, D. C., argued for petitioner. John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel and Allison W. Brown, Jr., Deputy Asst. Gen. Counsel, Washington, D. C., on brief.

David G. Millar (argued) of Millar, Schaefer & Ebling, and Gregory F. Hoffmann, St. Louis, Mo., on brief, for respondent.

Before VAN OOSTERHOUT, Senior Circuit Judge, and LAY and BRIGHT, Circuit Judges.


BRIGHT, Circuit Judge.

The National Labor Relations Board (Board) petitions for enforcement of its order directing J. S. Alberici Construction Company, Inc. (Alberici) to preferentially hire Newell D. McQuerry and to compensate McQuerry for lost earnings caused by Alberici's discriminatory refusal to hire him in violation of sections 8(a)(3) and 8(a)(1) of the National Labor Relations Act (Act), 29 U.S.C. §§ 158(a)(3) and 158(a)(1) (1976). Alberici resists...

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