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LEE v. N.L.R.B.

No. 01-2075.

393 F.3d 491 (2005)

Gary LEE; James Amburn, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Communications Workers of America; BellSouth Telecommunications, Incorporated, Intervenors.

United States Court of Appeals, Fourth Circuit.

Decided: January 4, 2005.

Attorney(s) appearing for the Case

ARGUED: John Connor Scully, Jr., National Right to Work Legal Defense Foundation, Springfield, Virginia, for Petitioners. Richard A. Cohen, Senior Attorney, National Labor Relations Board, Washington, D.C., for Respondent. Steven T. Breaux, BellSouth Corporation, Atlanta, Georgia, for Intervenor BellSouth. James Bryan Coppess, Washington, D.C., for Intervenor CWA. ON BRIEF: Arthur F. Rosenfeld, General, John E. Higgins, Jr., Deputy General, John H. Ferguson, Associate General, Aileen A. Armstrong, Deputy Associate General, National Labor Relations Board, Washington, D.C., for Respondent. Michael Carlin, Washington, D.C.; John L. Quinn, Decatur, Georgia; Laurence Gold, Washington, D.C., for Intervenor CWA.

Before WIDENER and LUTTIG, Circuit Judges, and HERLONG, Jr., United States District Judge for the District of South Carolina, sitting by designation.

Vacated and remanded with directions by published opinion. Judge WIDENER wrote the opinion, in which Judge LUTTIG and Judge HERLONG concurred.

WIDENER, Circuit Judge:

Petitioners Gary Lee and Jim Amburn petition for review of a National Labor Relations Board (NLRB or the Board) Decision and Order dismissing their complaint against BellSouth and Communications Workers of America, AFL-CIO (CWA). Lee and Amburn assert that the uniform logo policy of BellSouth...

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