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JIM WALTER RESOURCES, INC. v. N.L.R.B.

No. 98-6061.

177 F.3d 961 (1999)

JIM WALTER RESOURCES, INC., Petitioner, Cross-Respondent, v. The NATIONAL LABOR RELATIONS BOARD, Tim Burchfield, Respondents, Cross-Petitioners.

United States Court of Appeals, Eleventh Circuit.

June 3, 1999.

Attorney(s) appearing for the Case

James P. Alexander, T. Matthew Miller, Bradley, Arant, Rose & White, LLP, Birmingham, AL, for Petitioner, Cross-Respondent.

Aileen A. Armstrong, Sonya Spielberg, Frederick Havard, N.L.R.B., Washington, DC, for Respondents, Cross-Petitioners.

Before TJOFLAT, Circuit Judge, and GODBOLD and HILL, Senior Circuit Judges.

PER CURIAM:

This is a refusal to hire case in which the Board, reversing the ALJ, found that Jim Walter Resources, Inc. refused to hire Tim Burchfield because of his union or protected activities in violation of Section 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1), (a)(3). We reverse the order of the Board and deny the application of the Board for enforcement.

Burchfield was previously employed by Cowin and Co., a mining...

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