United States DC Circuit

The NLRB's conclusory findings, that dues unlawfully withheld on public works projects did not taint a job targeting program, were inadequate to support a determination that operation of the program was protected conduct under section 7 of the National Labor Relations Act.

Appellate Information

• Argued 01/23/2003
• Decided 02/28/2003
• Published 02/28/2003

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mark R. Thierman argued the cause for petitioner.   With him on the briefs was Michael Avakian., John L. Anderson argued the cause and filed the brief for intervenor.


• For Appellees:
  
• Joan E. Hoyte-Hayes, Attorney, National Labor Relations Board, argued the cause for respondent.   With her on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Charles Donnelly, Supervisory Attorney.