United States DC Circuit

In enforcing backpay awards after a contractor's unlawful refusal to hire job applicants in violation of the National Labor Relations Act, backpay awards must be recalculated after consideration of which, if any, union applicants would have transferred to a new project.

Appellate Information

• Argued 04/23/2002
• Decided 07/23/2002
• Published 07/23/2002

Judges

• Before:  GINSBURG, Chief Judge, and SENTELLE and HENDERSON, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Walter V. Siebert argued the cause for the petitioner., Brian A. Powers argued the cause for the intervenor.  Keith R. Bolek was on brief.


• For Appellees:
  
• David A. Fleischer, Attorney, National Labor Relations Board, argued the cause for the respondent.  Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Fred L. Cornnell Jr., Attorney, National Labor Relations Board were on brief.