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NATIONAL CONFERENCE OF FIREMEN AND OILERS v. NLRB

Nos. 97-1365, 97-1376.

145 F.3d 380 (1998)

NATIONAL CONFERENCE OF FIREMEN AND OILERS, SEIU, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cook Family Foods, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 1998.

Attorney(s) appearing for the Case

Erick J. Genser argued the cause and filed the briefs for petitioner National Conference of Firemen and Oilers, SEIU, AFL-CIO.

William M. Muth, Jr., argued the cause for petitioner Cook Family Foods, Inc., with whom Kelvin C. Berens was on the briefs.

Rachel I. Gartner, Attorney, National Labor Relations Board, argued the cause for respondent, with whom Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and David S. Habenstreit, Supervisory Attorney, were on the brief.

Kelvin C. Berens and William M. Muth, Jr., were on the brief for intervenor Cook Family Foods, Inc.

Before: EDWARDS, Chief Judge, HENDERSON and ROGERS, Circuit Judges.

ROGERS, Circuit Judge:

Cook Family Foods, Inc. ("Cook"), and the National Conference of Firemen & Oilers, SEIU, AFL-CIO ("the union"), petition for review of a decision and order of the National Labor Relations Board ("the Board"). Cook fired nine strikers for damaging cars entering and leaving a plant that they were picketing. An administrative law judge ordered reinstatement for the discharged strikers on the ground that their misconduct was not as serious as...

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