United States Fourth Circuit

In light of employee's role as a union salt, and fact that he only worked five weeks for employer once hired, court refused to enforce NLRB's award of backpay, which was premised on assumption that employee would have worked for five years had he been hired when he originally applied for job; thus, award remanded to the NLRB to fashion a make-whole remedy rather than a punitive sanction.

Appellate Information

• Argued 12/04/2001
• Decided 03/29/2002
• Published 03/29/2002

Judges

• Before WIDENER and LUTTIG, Circuit Judges, and JOSEPH R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  William E. Sizemore, Thompson, Sizemore & Gonzalez, P.A., Tampa, Florida, for Aneco.  Anne Marie Lofaso, Office of the General Counsel, National Labor Relations Board, Washington, D.C., for Board.   Joseph Egan, Jr., Egan, Lev & Siwica, P.A., Orlando, Florida, for Intervenor.   ON BRIEF:  John W. Bencivenga, Thompson, Sizemore & Gonzalez, P.A., Tampa, Florida, for Aneco.  Arthur F. Rosenfeld, General Counsel, John E. Higgins, Jr., Acting Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Robert J. Englehart, Supervisory Attorney, Rachel Gartner Lennie, Office of the General Counsel, National Labor Relations Board, Washington, D.C., for Board.  Tobe Lev, Egan, Lev & Siwica, P.A., Orlando, Florida, for Intervenor.  Nora H. Leyland, Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Washington, D.C., for Amicus Curiae.