Nos. 99-4121, 00-3881. Argued March 26, 2001. Decided June 8, 2001. Appeal from the Court of Appeals, Bauer, Circuit Judge. Thomas P. Dowd (argued), Littler Mendelson, Baltimore, MD, for petitioner. Roberto C. Chavarry, National Labor Relations Board, Region 25, Indianapolis, IN, Aileen Armstrong, Usha Dheenan (argued), National Labor Relations Board, Office of the General Counsel, Washington, DC, for respondent. Before FLAUM, Chief Judge, and BAUER and ROVNER, Circuit Judges. BAUER, Circuit Judge