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RECON REFRACTORY & CONST. INC. v. N.L.R.B.

No. 03-73064.

424 F.3d 980 (2005)

RECON REFRACTORY & CONSTRUCTION INC., Petitioner, Industrial Professional & Technical Workers International Union, Suina, AFL-CIO, Petitioner-Intervenor, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Union, International Union of Bricklayers and Allied Craftworkers, and the International Union of Bricklayers and Allied Craftsworkers, Local 4, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2005.

Attorney(s) appearing for the Case

Steven D. Atkinson, Thomas A. Lenz, and Scott K. Dauscher, Cerritos, CA, for the petitioner.

Howard Z. Rosen, Los Angeles, CA, for petitioner-intervenor Industrial, Professional and Technical Workers International Union.

Margery E. Lieber, Eric G. Moskowitz, and Corinne E. Yourman, Washington, DC, for the respondent.

Daniel T. Purtell and Jeffrey B. Demain, San Francisco, CA, for respondent-intervenor International Union of Bricklayers and Allied Craftworkers, Local 4.

Before HALL, WARDLAW, and PAEZ, Circuit Judges.

PAEZ, Circuit Judge.

We are called upon to resolve a dispute between Recon Refractory & Construction Inc. ("Recon") and the International Union of Bricklayers & Allied Craftworkers, Local 4 ("Bricklayers" or "Local 4"). To decrease its labor costs, Recon reassigned work previously performed by Bricklayers members, and protected by the Bricklayers' collective bargaining agreement ("CBA"), to employees represented by...

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