Nos. 01-2478, 01-2673. Argued: April 29, 2003. Decided and Filed: September 19, 2003. Petition for Rehearing Denied En Banc: December 2, 2003. Pursuant to Sixth Circuit Rule 206 Appeal from the Court of Appeals, Clay, Circuit Judge. John V. Nordlund (argued and briefed), Fairfax, California, Leslie M. Mitchell (briefed), Law Office of Leslie Mitchell, Sacramento, California, for Petitioner. Jill Griffin (argued and briefed), Aileen A. Armstrong (briefed), Frederick C. Havard (briefed), National Labor