United States DC Circuit

The NLRB incorrectly found that a non-union contracting company's policy of refusing to hire job applicants with recent wages at a certain level higher than the company's starting wages was discriminatory under National Labor Relations Act section 8(a)(3).

Appellate Information

• Argued 02/11/2003
• Decided 03/28/2003
• Published 03/28/2003

Judges

• Before:  EDWARDS and ROGERS, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert W. Tollen argued the cause and filed the briefs for petitioner.


• For Appellees:
  
• William M. Bernstein, Senior 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 Meredith Jason, Attorney.  Deirdre C. Fitzpatrick and Julie F. Marcus, Attorneys, entered appearances., Robert D. Kurnick argued the cause for the intervenor unions and amicus curiae International Brotherhood of Electrical Workers, AFL-CIO in support of respondent.   With him on the brief was David Hannah.