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STARCON INTERN. v. N.L.R.B.

Nos. 05-3209, 05-3538, 05-3539.

450 F.3d 276 (2006)

STARCON INTERNATIONAL, INC., Petitioner/Cross-Respondent, and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Applicant.

United States Court of Appeals, Seventh Circuit.

Decided June 7, 2006.

Attorney(s) appearing for the Case

Frederick L. Schwartz (submitted), Littler Mendelson, Chicago, IL, for Petitioner/Cross-Respondent.

Roberto G. Chavarry, National Labor Relations Board, Chicago, IL, Aileen Armstrong, National Labor Relations Board Office of the General Counsel, Washington, DC, for Respondent/Cross-Applicant.

Michael J. Stapp (submitted), Blake & Uhlig, Kansas City, KS, for Petitioner.

Aileen Armstrong (submitted), National Labor Relations Board, Washington, DC, for Petitioner.

Before FLAUM, Chief Judge, and POSNER and MANION, Circuit Judges.

POSNER, Circuit Judge.

In a previous round, we held that the National Labor Relations Board may not order an employer who has rejected job applicants because of their union affiliation to offer them jobs and give them backpay without first determining which if any of them would actually have been hired had it not been for the employer's animus against unions. Starcon, Inc. v. NLRB, 176 F.3d 948, 951-52 (7th Cir.1999). The significance...

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