INTERNATIONAL ALLIANCE OF THEATRICAL v. N.L.R.B.

Nos. 01-1456, 01-1504, 01-1509 & 02-1035.

334 F.3d 27 (2003)

INTERNATIONAL ALLIANCE OF THEATRICAL AND STAGE EMPLOYEES, Greater New Orleans Stage, Motion Picture, Television and Exhibition Employees, Local 39, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Freeman Decorating Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2003.


Attorney(s) appearing for the Case

Philip A. Franco and Curtis Mack argued the cause for petitioners Freeman Decorating Company, et al. With them on the briefs were William J. Kelly III, William Lurye, Dannie B. Fogleman and David A. Rosenberg. Robert Markle, Richard B. Hankins and Peter J. Petesch entered appearances.

James D. Fagan, Jr. argued the cause and filed the briefs for petitioner International Alliance of Theatrical and Stage Employees, Greater New Orleans Stage, Motion Picture, Television and Exhibition Employees, Local 39, AFL-CIO. Robert S. Giolito entered an appearance.

James M. Oleske, Jr., 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 Robert J. Englehart, Supervisory Attorney.

Before: SENTELLE, HENDERSON and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

Separate opinion filed by Circuit Judge TATEL concurring in part and dissenting in part.

SENTELLE, Circuit Judge:

Several parties petition for review of the National Labor Relations Board's (NLRB or the Board) ruling that the petitioning employers in this case committed an unfair labor practice by refusing to accept referrals from a local union hiring hall, after the union engaged in an illegal...

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