No. 00-5005.

265 F.3d 1085 (2001)

F. Rozier SHARP, Regional Director for Region Seventeen of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner-Appellee, v. WEBCO INDUSTRIES, INC., Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

July 18, 2001.

Attorney(s) appearing for the Case

David E. Strecker (James E. Erwin with him on the briefs), of Strecker & Associates, P.C., Tulsa, Oklahoma, for Respondent-Appellant.

Laura T. Vazquez, Attorney (Leonard R. Page, General Counsel; Mary Joyce Carlson, Deputy General Counsel; Barry J. Kearney, Associate General Counsel; Ellen A. Farrell, Assistant General Counsel; Judith I. Katz, Deputy Assistant General Counsel, with her on the brief), of the National Labor Relations Board, Washington, D.C., for Petitioner-Appellee.

Before SEYMOUR, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and BELOT, District Judge.


McWILLIAMS, Senior Circuit Judge.

Webco Industries Inc. is a steel tubing manufacturer and distributor headquartered in Sand Springs, Oklahoma. On October 7, 1998, Webco laid off fifty three employees in an economically-motivated reduction in force. The following day the United Steelworkers of America ("Union") filed an unfair labor practice charge with the National Labor Relations Board ("Board") alleging that Webco discriminatorily selected Union...

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