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U.S. labor board's powers end at border, court says

PHILADELPHIA - The National Labor Relations Board has no power to sanction U.S. companies for unfair labor practices committed outside country's borders, even when the violations involve Americans working abroad, a federal court ruled Thursday.

The ruling by the 3rd U.S. Circuit Court of Appeals barred the labor board from taking action against a Pennsylvania-based company that fired two tree trimmers after they complained about work conditions while they were cleaning up storm damage in Canada.

A three-judge panel of the court said the federal law that gave the board the power to intervene in labor disputes - the National Labor Relations Act - does not apply to employees working outside the United States.

The ruling was a victory for the Asplundh Tree Co., whose primary business is helping utility companies keep their power and phone lines clear of hanging branches. The company is based in Willow Grove, a Philadelphia suburb.

In 1998, a division of the company in Cincinnati dispatched 10 crews to Ottawa, Ontario, to help clear damage from a major ice storm.

During the mission, some of Asplundh's workers complained that their daily stipend for living expenses wasn't enough to cover the cost of their food. Two of the workers who demanded a $14 increase were fired on the spot, and told by a foreman to find their own way home to Ohio.

An administrative law judge later ruled that Asplundh had engaged in unfair labor practices. The National Labor Relations Board ordered the company to rehire the men and remove any reference to improper conduct from their personnel files.

The 3rd Circuit vacated that order Thursday.

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