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ANECO INC. v. N.L.R.B.

Nos. 01-1572, 01-1681.

285 F.3d 326 (2002)

ANECO INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Region 12, Respondent, International Brotherhood of Electrical Workers Local 606, Intervenor. International Brotherhood of Electrical Workers, AFL-CIO, Amicus Curiae. National Labor Relations Board, Petitioner, v. Aneco Incorporated, Respondent, International Brotherhood of Electrical Workers Local 606, Intervenor. International Brotherhood of Electrical Workers, AFL-CIO, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 29, 2002.

Attorney(s) appearing for the Case

ARGUED: William E. Sizemore, Thompson, Sizemore & Gonzalez, P.A., Tampa, Florida, for Aneco. Anne Marie Lofaso, Office of the General Counsel, National Labor Relations Board, Washington, D.C., for Board. Joseph Egan, Jr., Egan, Lev & Siwica, P.A., Orlando, Florida, for Intervenor. ON BRIEF: John W. Bencivenga, Thompson, Sizemore & Gonzalez, P.A., Tampa, Florida, for Aneco. Arthur F. Rosenfeld, General Counsel, John E. Higgins, Jr., Acting Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Robert J. Englehart, Supervisory Attorney, Rachel Gartner Lennie, Office of the General Counsel, National Labor Relations Board, Washington, D.C., for Board. Tobe Lev, Egan, Lev & Siwica, P.A., Orlando, Florida, for Intervenor. Nora H. Leyland, Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Washington, D.C., for Amicus Curiae.

Before WIDENER and LUTTIG, Circuit Judges, and JOSEPH R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Petition granted in part and denied in part, cross-petition granted in part and denied in part, and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge WIDENER joined. Judge GOODWIN wrote an opinion concurring in part and dissenting in part.

OPINION

LUTTIG, Circuit Judge.

On July 12, 1993, Winson Cox applied for a job as an electrician with Aneco, Inc., a non-union contractor. J.A. 1222. Cox was a paid, full-time union organizer...

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