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FLUOR DANIEL, INC. v. N.L.R.B.

Nos. 01-1337, 01-1448.

332 F.3d 961 (2003)

FLUOR DANIEL, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO; Plumbers and Steamfitters Local Union No. 198 of the United Association of Journeymen and Apprentices of the Plumbing And Pipe Fitting Industry of the United States and Canada, AFL-CIO; International Brotherhood of Electrical Workers, Local Union No. 995, Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 9, 2003.

Attorney(s) appearing for the Case

Charles T. Davis, Ogletree, Deakins, Nash, Smoak & Stewart, Nashville, TN, Kristofer K. Strasser (briefed), Lewis T. Smoak (argued and briefed), Ogletree, Deakins, Nash, Smoak & Stewart, Greenville, South Carolina, Ingrid Blackwelder Erwin (briefed), Nexsen, Pruet, Jacobs & Pollard, Greenville, South Carolina, for Petitioner.

Aileen A. Armstrong (briefed), Charles P. Donnelly, Jr., National Labor Relations Board, Washington, D.C., Joan Hoyte (argued and briefed), National Labor Relations Board, Washington, D.C., for Respondent.

Charles R. Schwartz, Michael J. Stapp (briefed), Michael T. Manley (argued and Briefed), Blake & Uhlig, Kansas City, KS, for International Brotherhood of Electrical Workers.

Francis J. Martorana (briefed), Keith R. Bolek, O'Donoghue & O'Donoghue, Washington, DC, for Plumbers and Steamfitters Local Union No. 198.

Jonathan D. Newman (briefed), Sherman, Dunn, Cohen, Nora H. Leyland (briefed), Sherman, Dunn, Cohen, Leifer & Yellig, Washington, DC, for Local Union No. 995.

Before: BOGGS, DAUGHTREY, and COLE, Circuit Judges.

OPINION

COLE, Circuit Judge.

Petitioner-Cross-Respondent Fluor Daniel, Inc. ("Fluor Daniel" or the "Company") appeals the decision of Respondent-Cross-Petitioner National Labor Relations Board ("NLRB" or the "Board") finding that Fluor Daniel violated Sections 8(a)(1) and (3) of the National Labor Relations Act (the "Act"), 29 U.S.C. §§ 158(a)(1) and (3) (1998), by failing to hire 124 applicants because of their union affiliations. The NLRB filed...

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