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ASSOCIATED BUILDERS AND CONTRACTORS v. HERMAN

Nos. 97-5300, 97-5327 and 97-5362.

166 F.3d 1248 (1999)

ASSOCIATED BUILDERS AND CONTRACTORS, INC., et al., Appellants/Cross-Appellees, v. Alexis M. HERMAN, Secretary of Labor, and Anthony Swoope, Director, Bureau of Apprenticeship and Training, U.S. Department of Labor, Appellees/Cross-Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 16, 1999.

Attorney(s) appearing for the Case

Maurice Baskin argued the cause and filed the briefs for appellants/cross-appellees Associated Builders and Contractors, Inc., et al. John C. Hardwick, Jr., entered an appearance.

William W. Osborne, Jr., argued the cause for appellant Road Sprinkler Fitters Local Union 669, U.A., AFL-CIO. With him on the briefs was Marc D. Keffer.

Paul S. Padda, Assistant U.S. Attorney, argued the cause for appellees/cross-appellants U.S. Department of Labor. With him on the briefs were Wilma A. Lewis, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney. Gregory W. Addington, Assistant U.S. Attorney, entered an appearance.

William W. Osborne, Jr., Marc D. Keffer and Terry R. Yellig were on the joint brief for amici curiae Building and Construction Trades Department, AFL-CIO, and Road Sprinkler Fitters Local Union 669, U.A., AFL-CIO.

Before: EDWARDS, Chief Judge, SILBERMAN and SENTELLE, Circuit Judges.

Opinion for the Court filed by Chief Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Chief Judge:

Grinnell Fire Protection Systems Co. ("Grinnell") has for some time now been engaged in a labor dispute with employees represented by the Road Sprinkler Fitters Local Union No. 699 ("Union"). The Union has filed unfair labor practice charges with the National Labor Relations Board ("NLRB") claiming that Grinnell unlawfully instituted changes in the terms and conditions...

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