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H.B. ZACHRY CO. v. N.L.R.B.

Nos. 88-2615(L), 88-2616.

886 F.2d 70 (1989)

H.B. ZACHRY COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Associated Builders and Contractors, Inc.; Associated General Contractors of America, Inc.; International Brotherhood of Boilermakers, Amici Curiae. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. H.B. ZACHRY COMPANY, Respondent, Associated Builders and Contractors, Inc.; Associated General Contractors of America, Inc.; International Brotherhood of Boilermakers, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 20, 1989.

Attorney(s) appearing for the Case

William E. Twomey, Jr. (Thomas G. Hardy, III, McGuire, Woods, Battle & Boothe, Richmond, Va., on brief) for petitioner H.B. Zachry Co.

Collis Suzanne Stocking, Supervisory Atty. (Rosemary M. Collyer, Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., on brief) for respondent N.L.R.B.

Michael E. Kennedy, on brief, for amicus curiae, The Associated General Contractors of America, Inc. in support of petitioner.

Robert G. Ames, Patrick J. Stewart, Venable, Baetjer, Howard & Civiletti, Washington, D.C., on brief, for amicus curiae Associated Builders and Contractors, Inc. in support of petitioner.

Michael T. Manley, Robert L. Dameron, Blake & Uhlig, P.A., Kansas City, Mo., on brief, for amicus curiae International Broth. of Boilermakers in support of the NLRB.

Before RUSSELL and WILKINSON, Circuit Judges, and TURK, Chief United States District Judge for the Western District of Virginia, sitting by designation.

WILKINSON, Circuit Judge:

H.B. Zachry Company petitions for review of a decision by the National Labor Relations Board which found Zachry guilty of unfair labor practices. 289 NLRB 117 (1988). The Board held that Zachry violated various sections of the National Labor Relations Act when it refused to hire a fully-paid professional union organizer. Because we find that Edwards was not a bona fide applicant for employment and therefore not covered under the Act, we deny...

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