Nos. 01-2165, 01-2300. Argued: October 23, 2003. Decided and Filed: December 11, 2003. Appeal from the Court of Appeals, Kennedy, Circuit Judge. John v. Nordlund, (argued and briefed), Fairfax, CA, Leslie M. Mitchell (briefed), Law Office of Leslie M. Mitchell, Sacramento, CA, for Petitioner. Meredith L. Jason, (argued and briefed), Aileen A. Armstrong (briefed), Kira Vol (briefed), National Labor Relations Board, Washington, DC, for Respondent. Before KENNEDY and GIBBONS, Circuit Judges; ALDRICH