Daniel P. and Glenna J. Marple - Page 4




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          of Local 100 includes Washington, D.C., the States of Maryland              
          and Virginia, and seven counties in West Virginia (Berkeley,                
          Grant, Hampshire, Hardy, Jefferson, Mineral, and Morgan).3                  
          During the relevant period, Mr. Marple procured work through the            
          Local 100 union hall in Cumberland, Maryland (Cumberland),4 which           
          was located approximately 23 miles from petitioners’ residence in           
          Burlington.5  Mr. Marple was considered a sheet metal worker                
          traveler by Local 100 and was referred by Local 100 to                      
          contractors for nonpermanent employment on jobs involving sheet             
          metal work.  After a job ended, Mr. Marple would report to the              
          Local 100 union hall in Cumberland and sign the out-of-work list            
          for referral to a contractor for employment on another job.                 
          Since 1998, Mr. Marple has worked for at least 18 different                 
          contractors on Local 100-referred jobs, primarily at locations in           
          West Virginia and the adjacent State of Maryland.  Some of these            
          job locations were closer to petitioners’ home area of Burlington           





               3   We take judicial notice of the jurisdiction of Local 100           
          and its area offices.  See Fed. R. Evid. 201(b).                            
               4   The Cumberland area office of Local 100 covered the                
          Maryland counties of Allegany, Garrett, and Washington, and the             
          West Virginia counties of Berkeley, Grant, Hampshire, Hardy,                
          Jefferson, Mineral, and Morgan.                                             
               5   We take judicial notice of the approximate distance                
          between Burlington and the Local 100 union hall in Cumberland.              
          See Fed. R. Evid. 201(b).                                                   






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