INTERN. UNION OF OPERATING ENG'RS v. N.L.R.B.

No. 02-1044.

325 F.3d 818 (2003)

INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Brandt Construction Company, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided March 28, 2003.


Attorney(s) appearing for the Case

Brian C. Hlavin (Argued), Baum, Sigman, Auerbach, Pierson & Neuman, Chicago, IL, for Petitioner.

Elizabeth Kinney, National Labor Relations Board, Region 13, Chicago, IL, David Seid (Argued), National Labor Relations Board, Appellate Court, Enforcement Litigation, Washington, DC, Will J. Vance, National Labor Relations Board, Region 33, Peoria, IL, for Respondent.

Michael E. Avakian (Argued), Smetana & Avakian, Springfield, VA, for Intervenor-Respondent.

Before POSNER, RIPPLE, and MANION, Circuit Judges.


MANION, Circuit Judge.

The International Union of Operating Engineers, Local 150, AFL-CIO, filed three unfair labor practice charges against Brandt Construction Company, alleging that the company: (1) changed, limited, and made more onerous its hiring practices and procedures with the purpose of making it more difficult for applicants with pro-union sentiments to apply or obtain employment; (2) refused to hire or consider hiring individuals with pro-union sentiments...

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