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AMERICAN AUTOMATIC SPRINKLER SYSTEMS v. N.L.R.B.

Nos. 97-1821, 97-2014.

163 F.3d 209 (1998)

AMERICAN AUTOMATIC SPRINKLER SYSTEMS, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Road Sprinkler Fitters Local Union No. 669, U.A., AFL-CIO, Intervenor. National Labor Relations Board, Petitioner, v. American Automatic Sprinkler Systems, Incorporated, Respondent, Road Sprinkler Fitters Local Union No. 669, U.A., AFL-CIO, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided December 17, 1998.

Attorney(s) appearing for the Case

ARGUED: Lawrence Edward Dube, Jr., Dube & Goodgal, P.C., Baltimore, Maryland, for American Automatic. Steven B. Goldstein, National Labor Relations Board, Washington, DC, for Board. William W. Osborne, Jr., Osborne Law Offices, P.C., Washington, DC, for Intervenor. ON BRIEF: Frederick L. Feinstein, General, Linda Sher, Associate General, Aileen A. Armstrong, Deputy Associate General, Margaret Ann Gaines, Supervisory Attorney, National Labor Relations Board, Washington, DC, for Board. Marc D. Keffer, Osborne Law Offices, P.C., Washington, DC, for Intervenor.

Before WIDENER and LUTTIG, Circuit Judges, and MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Petition granted in part and denied in part and cross-application for enforcement granted in part and denied in part by published opinion. Judge LUTTIG wrote the opinion, in which Judge WIDENER and Senior Judge MAGILL joined.

OPINION

LUTTIG, Circuit Judge:

Petitioner American Automatic Sprinkler Systems, Inc., petitions for review of a decision and order of the National Labor Relations Board concluding that American violated section 8(a)(1), (a)...

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