SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL 270, AFL-CIO, Petitioner
v.
NATIONAL LABOR RELATIONS BOARD, Respondent.
Oil Capitol Sheet Metal, Inc., Intervenor.
Carpenters' District Council of Kansas City and Vicinity, Locals 311 and 978, Affiliated with the United Brotherhood of Carpenters and Joiners of America, Petitioners
v.
National Labor Relations Board, Respondent.
EPI Construction Company, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 17, 2009.
Decided April 3, 2009.
Attorney(s) appearing for the Case
Michael T. Anderson argued the Standing and the Merits of the Board's Oil Capitol Rule for petitioner Sheet Metal Workers International Association. With him on the briefs were Arlus J. Stephens and Loren Gibson.
Michael J. Stapp argued the Standing and the Merits of the Board's Oil Capitol Rule for petitioners Carpenters' District Council of Kansas City and Vicinity, Locals 311 and 978. With him on the briefs was Charles R. Schwartz.
Jason Walta, Attorney, National Labor Relations Board, argued the Standing and the Merits of the Board's Oil Capitol Rule for respondent. With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Deputy General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Meredith L. Jason, Supervisory Attorney.
Maurice Baskin argued the Standing and the Merits of the Board's Oil Capitol Rule for intervenor Oil Capitol Sheet Metal, Inc. and amicus curiae Associated Builders and Contractors, Inc. in support of respondent. With him on the brief was Robert A. Hirsch.
Donald W. Jones argued the Merits of the Unfair Labor Practices and filed the briefs for petitioner EPI Construction Company.
Steven Goldstein, Attorney, National Labor Relations Board, argued the Merits of the Unfair Labor Practices for respondent. With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Deputy General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Robert J. Englehart, Supervisory Attorney.
Michael J. Stapp argued the Merits of the Unfair Labor Practices for intervenors Carpenters' District Council of Kansas City and Vicinity Locals 311 and 978.
Donald W. Jones was on the brief for intervenor EPI Construction Company in support of respondent.
Before: ROGERS, Circuit Judge, and WILLIAMS and RANDOLPH, Senior Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge WILLIAMS.
WILLIAMS, Senior Circuit Judge:
"Salts" are union members, and sometimes union employees, who apply for a job with an unorganized employer, seeking either to organize the employer's workforce or to precipitate conditions favorable to a future organizational campaign. See Oil Capitol Sheet Metal, Inc., 349 NLRB 1348, 1348 n. 5 (2007) ("Oil Capitol"); NLRB v. Town & Country Elec...
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