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or its environs, such as Romney, West Virginia, and Mineral
County, West Virginia, and some were further, such as Frederick,
Maryland, and Johnstown, Pennsylvania.
In June 2001, Mr. Marple was sent by Local 100 to work for
API, Inc. (API) on a job at the Mount Storm Power Station in
Mount Storm, West Virginia (Mount Storm job). The Mount Storm
job involved installing scrubbers on two of the generating units
at the Mount Storm Power Station, and API had contracted to
perform the insulation and lagging work. At the time he took the
job, Mr. Marple knew that the Mount Storm job was a big project
that involved a lot of lagging work.
Petitioner was initially employed by API on the Mount Storm
job from June 25, 2001, to October 10, 2001, at which time he was
laid off because of a reduction in workforce mandated by API’s
project schedule. Almost 2 months later, Mr. Marple was referred
back to API for the Mount Storm job, and he worked for API on the
Mount Storm job from December 3, 2001, until August 22, 2002, at
which time he was again laid off by API. Mr. Marple believed
this layoff would be the end of his work on the Mount Storm job.
As a result of his layoff from the Mount Storm job, Mr.
Marple went to the Local 100 hiring hall in Cumberland and signed
the out-of-work list. He was sent by Local 100 to work a job for
Eber HVAC, Inc. (Eber), in Johnstown, Pennsylvania (Johnstown).
Mr. Marple worked for Eber after his layoff from API on August
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Last modified: November 10, 2007