United States DC Circuit

Dismissal of a complaint, alleging that a construction company violated the National Labor Relations Act, was improper where the NLRB failed to explain why a union's evidence did not demonstrate unlawful refusal to consider job applicants due to anti-union animus.

Appellate Information

• Argued 05/16/2002
• Decided 07/09/2002
• Published 07/09/2002

Judges

• Before:  GINSBURG, Chief Judge, and RANDOLPH and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Richard F. Griffin argued the cause for petitioner.   With him on the briefs were Helen L. Morgan and Elizabeth A. Nadeau.  John M. Singleton entered an appearance.


• For Appellees:
  
• William M. Bernstein, Attorney, National Labor Relations Board, argued the cause for respondent.   With him on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Frederick Havard, Supervisory Attorney.  David A. Fleischer, Senior Attorney, and Frederick L. Cornnell, Jr., Attorney, entered appearances.