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CAN-AM PLUMBING, INC. v. N.L.R.B.

No. 01-1463.

321 F.3d 145 (2003)

CAN-AM PLUMBING, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 342, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 28, 2003.

Attorney(s) appearing for the Case

Mark R. Thierman argued the cause for petitioner. With him on the briefs was Michael Avakian.

Joan E. Hoyte-Hayes, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Charles Donnelly, Supervisory Attorney.

John L. Anderson argued the cause and filed the brief for intervenor.

Before: GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Can-Am Plumbing, Inc. ("Can-Am") petitions for review of the National Labor Relation Board's decision that Can-Am violated sections 7 and 8(a)(1) of the National Labor Relations Act ("the Act"), 29 U.S.C. §§ 157, 158(a)(1) (2000), by filing and maintaining a state court lawsuit concerning a union's job targeting program that was preempted by the Act. Contrary to Can-Am's...

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