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SHEET METAL WORKERS INTERN. v. E.P. DONNELLY, INC.

Nos. 10-2201, 10-2202, 10-2325, 11-4480, 12-1047.

737 F.3d 879 (2013)

SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL UNION NO. 27, AFL-CIO, Appellant in No. 10-2202 v. E.P. DONNELLY, INC.; Sambe Construction Co., Inc. E.P. Donnelly, Inc, Appellant in No. 10-2201 Sambe Construction Co., Inc, Appellant in No. 10-2325. Sheet Metal Workers International Association Local Union No. 27, AFL-CIO, Petitioner v. National Labor Relations Board; United Brotherhood of Carpenters and Joiners of America, Local Union No. 623; E.P. Donnelly, Respondents. National Labor Relations Board, Petitioner v. Sheet Metal Workers' International Association, Local Union No. 27, AFL-CIO; United Brotherhood of Carpenters and Joiners of America, Local Union No. 623, Respondents.

United States Court of Appeals, Third Circuit.

Filed: December 13, 2013.

Attorney(s) appearing for the Case

Louis Rosner, Esq. (argued), Philadelphia, PA, for E.P. Donnelly Inc.

Mark E. Belland, Esq. (argued), Steven J. Bushinsky, Esq. , O'Brien, Belland & Bushinsky, Cherry Hill, NJ, for Sheet Metal Workers International Association AFL-CIO Local Union No. 27.

Marc Furman, Esq. , Jonathan Landesman, Esq. (argued), Cohen, Seglias, Pallas, Greenhall & Furman, Philadelphia, PA, for Sambe Construction Co. Inc.

Heather S. Beard, Esq. (argued), Julie B. Broido, Esq. , Linda Dreeben, Esq. , National Labor Relations Board, Washington, D.C., for the National Labor Relations Board.

Raymond G. Heineman, Esq. , Kroll Heineman , Iselin, NJ, for United Brotherhood of Carpenters and Joiners of America Local Union No. 623.

Before: McKEE, Chief Judge, HARDIMAN, and VANASKIE, Circuit Judges.

OPINION

VANASKIE, Circuit Judge.

These consolidated appeals arise out of a construction trades jurisdictional dispute concerning whether certain work on a public building should be conducted by sheet metal workers or by carpenters. Sheet Metal Workers' International Association, Local 27, AFL-CIO ("Sheet Metal") petitions this Court for review of the decision and order of the National Labor Relations Board ("the Board" or "NLRB") of December 8, 2011, finding...

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