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HARTMAN BROS. HEATING & AIR v. N.L.R.B.

Nos. 01-1321, 01-1549.

280 F.3d 1110 (2002)

HARTMAN BROTHERS HEATING & AIR CONDITIONING, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, and Sheet Metal Workers' International Association, Local Union No. 20, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided February 6, 2002.

Attorney(s) appearing for the Case

William T. Hopkins (argued), Barnes & Thornburg, Fort Wayne, IN, for petitioner.

Steven B. Goldestein (argued), Aileen Armstrong, National Labor Relations Board, Contempt Litigation Branch, Washington, DC, Robert G. Chavarry, National Labor Relations Board, Region 25, Indianapolis, IN, for respondent.

Steven B. Goldstein, National Labor Relations Board, Contempt Litigation Branch, Washington, DC, Neil E. Gath, Fillenwarth, Dennerline, Groth & Towe, Indianapolis, IN, for intervenor respondent.

Before BAUER, POSNER, and EVANS, Circuit Judges.

POSNER, Circuit Judge.

"Salting" is the practice whereby a union inserts its organizers into some employer's workforce in the hope that they will be able to organize it. Though salts do not intend to remain in the company's employ after the plant or other facility is organized, the Supreme Court has held that they are employees within the meaning of the National Labor Relations Act, implying that to fire or refuse to hire otherwise qualified salts merely because they...

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