Certified Building Products, Inc., and Carl Fidler, an Individual v. National Labor Relations Board

Ninth Circuit

Certified Building Products, Inc., and Carl Fidler, an Individual v. National Labor Relations Board

528 F.2d 968, 91 L.R.R.M. (BNA) 2432, 1976 U.S. App. LEXIS 13196

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 23, 1976

Docket74--2777

StatusPublished

This text of 528 F.2d 968 (Certified Building Products, Inc., and Carl Fidler, an Individual v. National Labor Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Certified Building Products, Inc., and Carl Fidler, an Individual v. National Labor Relations Board, 528 F.2d 968, 91 L.R.R.M. (BNA) 2432, 1976 U.S. App. LEXIS 13196 (9th Cir. 1976).

Pincite

Opinion

528 F.2d 968

91 L.R.R.M. (BNA) 2432, 78 Lab.Cas. P 11,238

CERTIFIED BUILDING PRODUCTS, INC., and Carl Fidler, an
Individual, Petitioners,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent.

No. 74--2777.

United States Court of Appeals,
Ninth Circuit.

Jan. 23, 1976.

Robert S. Michaels (argued), Michaels, Ornstein & Kontos, Los Angeles, Cal., for petitioners.

John Depenbrock (argued), NLRB, Washington, D.C., for respondent.

OPINION

Before GOODWIN and SNEED, Circuit Judges, and JAMESON,* District Judge.

PER CURIAM:

We allow enforcement of the Board's remedial order in this unfair-labor-practices proceeding under 29 U.S.C. § 158(a)(1) and (5).

The only nonfrivolous issue on appeal is whether in personam jurisdiction of Carl Fidler was obtained. The record supports the Board's finding that the corporation is Fidler's alter ego. Accordingly, in a board proceeding of this kind, service upon the corporation is the equivalent of service upon the individual. Fidler was the sole owner and principal actor in the matters giving rise to the complaint. See N.L.R.B. v. Deena Artware, Inc., 310 F.2d 470 (6th Cir. 1962).

The Board will present an appropriate enforcing order upon which a judgment will be entered.

Affirmed.

*

The Honorable William J. Jameson, United States District Judge for the District of Montana, sitting by designation

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