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PRECISION CONCRETE v. N.L.R.B.

Nos. 02-1164 & 02-1203.

334 F.3d 88 (2003)

PRECISION CONCRETE, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner. Southwest Regional Council of Carpenters Southern California-Nevada Regional Council of Carpenters, and Laborers Local Union No. 872, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 11, 2003.

Attorney(s) appearing for the Case

Donald C. Zavala, Jr. argued the cause for petitioner. With him on the briefs was Gerard Morales.

Michael H. Carlin, 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 Margaret A. Gaines, Supervisory Attorney. Fred B. Jacob, Attorney, entered an appearance.

David A. Rosenfeld was on the brief for intervenor.

Before: GINSBURG, Chief Judge, and SENTELLE and HENDERSON, Circuit Judges.

Opinion for the court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

Precision Concrete petitions for review of an order of the National Labor Relations Board holding the Company had violated §§ 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1), (3), and requiring the Company to reinstate striking workers who had unconditionally offered to return to work. We conclude that the Board was without jurisdiction...

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