NLRB v. Engineering Contractors, Inc.

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 28, 2013
• Docket: 12-1410
• Status: Unpublished

Opinion

Filed: March 28, 2013

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-1410 (5-CA-36213; 5-CA-36214; 5-CA-36216; 5-CA-36306; 5-CA-36225)

NATIONAL LABOR RELATIONS BOARD,

Petitioner,

v.

ENGINEERING CONTRACTORS, INC.; ECI OF WASHINGTON, LLC, alter egos,

Respondents,

ASBESTOS WORKERS LOCAL 24 APPRENTICESHIP FUND; ASBESTOS WORKERS LOCAL 24 PENSION FUND; ASBESTOS WORKERS LOCAL 24 MEDICAL FUND,

Intervenors.

O R D E R

The Court amends its opinion filed March 28, 2013, as

follows:

On the cover sheet, agency information section, “On

Petition for Review of an Order of the Federal Labor Relations

Authority” is corrected to read “On Application for Enforcement

of an Order of the National Labor Relations Board”

For the Court – By Direction

/s/ Patricia S. Connor Clerk UNPUBLISHED

No. 12-1410

ENGINEERING CONTRACTORS, INC.; ECI OF WASHINGTON, LLC, alter egos,

ASBESTOS WORKERS LOCAL 24 APPRENTICESHIP FUND; ASBESTOS WORKERS LOCAL 24 PENSION FUND; ASBESTOS WORKERS LOCAL 24 MEDICAL FUND,

On Application for Enforcement of an Order of the National Labor Relations Board. (NLRB-1 5-CA-36213; 5-CA-36214; 5-CA-36216; 5- CA-36306; 5-CA-36225)

Submitted: March 26, 2013 Decided: March 28, 2013

Before DUNCAN, FLOYD, and THACKER, Circuit Judges.

Petition granted by unpublished per curiam opinion.

Robert J. Englehart, Supervisory Attorney, Lafe E. Solomon, Acting General Counsel, Celeste J. Mattina, Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, Gregoire Sauter, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Petitioner. Kenneth C. Gauvey, OFFIT KURMAN, P.A., Owings Mills, Maryland, for Respondent. John R. Mooney, Andrew K. Lin, MOONEY, GREEN, SAINDON, MURPHY & WELCH, P.C., Washington, D.C., for Intervenors.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

The National Labor Relations Board (“Board”) seeks

enforcement of a Board order against Engineering Contractors,

Inc. (“Respondent”). The Administrative Law Judge (“ALJ”)

concluded that Respondent violated § 8(a)(1), (3), and (5) of

the National Labor Relations Act (“the Act”), 29 U.S.C.

§ 158(a)(1), (3), (5) (2006), and ordered remedial measures.

The Board adopted the ALJ’s recommended order in full.

Respondent opposes the Board’s petition for

enforcement, contending that the remedies ordered by the ALJ

were overreaching and impermissibly punitive. We conclude that

we lack jurisdiction to consider Respondent’s contentions

because Respondent failed to raise its objections to the

remedies ordered in the proceedings before the Board. See 29

U.S.C. § 160(e) (2006) (“No objection that has not been urged

before the Board . . . shall be considered by the court, unless

the failure or neglect to urge such objection shall be excused

because of extraordinary circumstances.”); Woelke & Romero

Framing, Inc. v. N.L.R.B., 456 U.S. 645, 665 (1982) (barring

from judicial review issues not raised before Board);

N.L.R.B. v. Daniel Constr. Co., 731 F.2d 191, 198 (4th Cir.

1984) (same). Accordingly, we grant the Board’s motion to submit the

case on briefs and the petition for enforcement. We dispense

with oral argument because the facts and legal conclusions are

adequately presented in the materials before this court and

argument would not aid the decisional process.

PETITION GRANTED