No. 04-1421. Argued October 31, 2005. Decided January 27, 2006. On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board. Donald W. Selzer, Jr. argued the cause for petitioner. With him on the briefs was Joseph P. Harkins. Jeff Barham, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Fred