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013602P.pdf   06/28/2004  McKenzie Engineering  v.  NLRB
   U.S. Court of Appeals Case No:  01-3602
                          and No:  01-4021
   Agency   
   Petition for Review - NLRB case. Award of back pay was not 
   precluded by this court's decisions in two related cases involving 
   McKenzie Engineering; NLRB back-pay award, which assumes that the 
   discharged workers would have worked full-time for McKenzie until the 
   present day is not supported by substantial evidence, as there is no 
   evidence that any non-supervisory employee ever worked for as long as 
   the now 400-plus weeks the Board's order assumes; record would support 
   an award of back pay based on the amount of time the employees spent 
   working for the employer with whom they had the longest tenure 
   following their dismissal; case remanded for re-calculation of back pay 
   and fringe benefit awards. 
   [PUBLISHED] [Bowman, Author, with M. Arnold and Murphy, Circuit Judges]