164520P.pdf   02/21/2018  Aerotek, Inc.  v.  NLRB
   U.S. Court of Appeals Case No:  16-4520
                          and No:  17-1206
   National Labor Relations Board   
   [PUBLISHED] [Shepherd, Author, with Gruender and Melloy, Circuit Judges] 
   Petition for Review - National Labor Relations Board. The Board did not 
   err in finding that Aerotek had violated the National Labor Relations Act 
   by not hiring or considering for hire four union members who had applied 
   to Aerotek to further a "salting" campaign in which they actively sought 
   to organize and recruit for the union on non-union jobsites; the four 
   men's applications were genuine, there were openings and anti-union animus 
   contributed to the refusal to hire; with respect to the Board's remedy for 
   the violation, the Board erred in ordering instatement and backpay for one 
   of the four union members as his actions in attempting to poach an Aerotek 
   client was not the kind of conduct pardoned or excused under the Board's 
   "unfit for further service" standard; remanded for further proceedings on 
   the appropriate remedy.