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CONTRACTORS' LABOR POOL, INC. v. N.L.R.B.

No. 01-1393.

323 F.3d 1051 (2003)

CONTRACTORS' LABOR POOL, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Brotherhood of Electrical Workers, AFL-CIO, Local 46, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 28, 2003.

Attorney(s) appearing for the Case

Robert W. Tollen argued the cause and filed the briefs for petitioner.

William M. Bernstein, Senior Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Meredith Jason, Attorney. Deirdre C. Fitzpatrick and Julie F. Marcus, Attorneys, entered appearances.

Robert D. Kurnick argued the cause for the intervenor unions and amicus curiae International Brotherhood of Electrical Workers, AFL-CIO in support of respondent. With him on the brief was David Hannah.

Before: EDWARDS and ROGERS, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

Contractors' Labor Pool (CLP) challenges a Board determination that CLP's policy of refusing to hire applicants whose recent wages were 30% higher or lower than its starting wages was discriminatory within the meaning of § 8(a)(3) of the National Labor Relations Act. Also challenged is the Board's conclusion that CLP discriminated against several paid union...

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