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TUALATIN ELEC., INC. v. N.L.R.B.

No. 00-1242.

253 F.3d 714 (2001)

TUALATIN ELECTRIC, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Brotherhood of Electrical Workers, Local 48, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 2001.

Attorney(s) appearing for the Case

Karen O'Kasey argued the cause for petitioner. With her on the briefs was Thomas M. Triplett.

Steven B. Goldstein, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Leonard R. Page, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Julie B. Broido, Supervisory Attorney.

Norman D. Malbin argued the cause and filed the brief for intervenor International Brotherhood of Electrical Workers, Local 48.

Nora H. Leyland and Victoria L. Bor were on the brief for amicus curiae International Brotherhood of Electrical Workers, AFL-CIO.

Before: GINSBURG, SENTELLE and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Making use of a tactic called "salting," the International Brotherhood of Electrical Workers, Local No. 48 authorized several of its members to seek work at Tualatin Electric, a nonunion electrical contractor, in order to advocate union membership among Tualatin's employees and to gather information that might assist the Union in an election campaign. Tualatin discharged one such...

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