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PETROCHEM INSULATION, INC. v. N.L.R.B.

No. 99-1530.

240 F.3d 26 (2001)

Petrochem Insulation, Inc., Petitioner, v. National Labor Relations Board, Respondent. United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, Locals 62, et al., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 26, 2001.

Rehearing Denied April 16, 2001.

Attorney(s) appearing for the Case

Lawrence W. Marquess argued the cause for petitioner. With him on the briefs was Darin L. Mackender.

Heather L. MacDougall and Daniel V. Yager were on the brief of amici curiae LPA, Inc. and Associated Builders and Contractors, Inc.

Anne Marie Lofaso, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Leonard R. Page, General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and David S. Habenstreit, Supervisory Attorney.

Peter D. Nussbaum argued the cause and filed the brief for intervenor. With him on the brief was Meera Trehan.

Before: EDWARDS, Chief Judge, WILLIAMS and TATEL, Circuit Judges.

Rehearing En Banc Denied April 16, 2001.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The National Labor Relations Board found that petitioner committed an unfair labor practice by bringing a RICO suit against unions that opposed construction and other permits sought by non-union contractors. The Board ordered petitioner to pay the legal fees the unions incurred in defending the suit. Because we agree with the Board that...

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