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N.L.R.B. v. FES, A DIV. OF THERMO POWER

No. 01-2267.

301 F.3d 83 (2002)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FES, (A DIVISION OF THERMO POWER), Respondent.

United States Court of Appeals, Third Circuit.

Filed: August 8, 2002.

Attorney(s) appearing for the Case

Aileen A. Armstrong, David A. Fleischer (argued), Fred L. Cornell, National Labor Relations Board, Washington, D.C., for Petitioner.

Thomas R. Davies (argued), Mark Featherman, Harmon & Davies, P.C., Lancaster, PA, for Respondent.

Dianah S. Leventhal, Francis J. Martorana (argued), O'Donoghue & O'Donoghue, Washington, D.C., for Intervenor.

BEFORE: BECKER, Chief Judge, McKEE and BARRY, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

FES, a company that manufactures industrial refrigeration equipment, has petitioned for review of an order of the National Labor Relations Board ("the Board") determining that FES violated §§ 8(a)(1) and 8(a)(3) of the National Labor Relations Act ("NLRA") by refusing to hire nine job applicants due to their union membership. The challenged order required FES to offer each applicant instatement and back...

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