United States DC Circuit

Petitioners' petitions for review of NLRB backpay rules regarding union "salts" are dismissed, where the petitions were unripe, because compliance proceedings before the NLRB were still pending regarding backpay matters relating to the parties.

Appellate Information

• Argued 02/17/2009
• Decided 04/03/2009
• Published 04/03/2009

Judges

• Before:  ROGERS, Circuit Judge, and WILLIAMS and RANDOLPH, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael T. Anderson argued the Standing and the Merits of the Board's OilCapitol Rule for petitioner Sheet Metal Workers International Association.   With him on the briefs were Arlus J. Stephens and Loren Gibson., Michael J. Stapp argued the Standing and the Merits of the Board's OilCapitol Rule for petitioners Carpenters' District Council of Kansas City and Vicinity, Locals 311 and 978.   With him on the briefs was Charles R. Schwartz., Donald W. Jones argued the Merits of the Unfair Labor Practices and filed the briefs for petitioner EPI Construction Company., Michael J. Stapp argued the Merits of the Unfair Labor Practices for intervenors Carpenters' District Council of Kansas City and Vicinity Locals 311 and 978.


• For Appellees:
  
• Jason Walta, Attorney, National Labor Relations Board, argued the Standing and the Merits of the Board's OilCapitol Rule for respondent.   With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Deputy General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Meredith L. Jason, Supervisory Attorney., Maurice Baskin argued the Standing and the Merits of the Board's OilCapitol Rule for intervenor Oil Capitol Sheet Metal, Inc. and amicus curiae Associated Builders and Contractors, Inc. in support of respondent.   With him on the brief was Robert A. Hirsch., Steven Goldstein, Attorney, National Labor Relations Board, argued the Merits of the Unfair Labor Practices for respondent.   With him on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Deputy General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Robert J. Englehart, Supervisory Attorney., Donald W. Jones was on the brief for intervenor EPI Construction Company in support of respondent.