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SHEET METAL WORKERS' INTERN. ASS'N v. N.L.R.B.

Nos. 06-1028, 06-1072.

491 F.3d 429 (2007)

SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL 15, AFL-CIO, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Energy Air, Inc. and Galencare, Inc., d/b/a Brandon Regional Medical Center, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 19, 2007.

Attorney(s) appearing for the Case

Michael T. Anderson argued the cause for petitioner. With him on the briefs was Arlus J. Stephens.

Jamin B. Raskin was on the brief for amicus curiae Greenpeace USA in support of petitioner.

Kira Dellinger Vol, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Julie B. Broido, Senior Attorney.

Tammie L. Rattray and Patrick Muldowney were on the brief for intervenors Energy Air, Inc. and Galencare, Inc., d/b/a Brandon Regional Medical Center. David A. Grant entered an appearance.

Maurice Baskin was on the brief for amicus curiae Associated Builders and Contractors, Inc. in support of respondent.

Before: GINSBURG, Chief Judge, and GRIFFITH, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

In the course of a labor dispute with Energy Air, a heating, ventilation, and air conditioning contractor, Sheet Metal Workers' Local 15, AFL-CIO notified Beall's, Inc. — a department store for which Energy Air was performing mechanical work — that the Union "will be compelled" to publicize its dispute with Energy Air at two of Beall's department store construction sites...

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