Gardner Mechanical Services, Inc. v. National Labor Relations Board

ORDER

The panel ORDERS its prior opinion in this case, which was filed on July 10, 1996 and published at 89 F.3d 586 , withdrawn.

IT IS SO ORDERED.

OPINION

Gardner Engineering, Inc. (“GEI”) and Gardner Mechanical Services, Inc. (“GMS”) seek review of the National Labor Relations Board’s order finding that GMS and GEI engaged in unfair labor practices in violation of sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act (“the Act”), 29 U.S.C. §§ 158 (a)(1) and (5). The National Labor Relations Board (“the Board”) filed a cross-application for enforcement of its order, and Local 350, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, AFL-CIO (“the Union”) intervened in support of the Board’s order. We modify the Board’s order, and ENFORCE the Board’s order as modified.

I

Located in Reno, Nevada, GEI was engaged in the business of installing and servicing heating, air conditioning, and piping systems. GEI was a member of the Nevada Association of Mechanical Contractors, Inc. *639 (“the Association”). On GEI’s behalf, the Association negotiated and entered into two collective-bargaining agreements with the Union. One of these…