Standard Drywall, Inc. v. National Labor Relations Board

MEMORANDUM

Here, the Operative Plasters & Cement Masons International and Local 200 (“Plasterers”) and the Southwest Regional Council of Carpenters (“Carpenters”) dispute rights to represent employees of contractor-employer Standard Drywall, Inc. (“SDI”). SDI petitions for review of the National Labor Relations Board (“NLRB”)’s decision in Operative Plasterers’ & Cement Masons’ International Ass’n Local 200, 357 NLRB No. 160 (Dec. 30, 2011) (“SDI III”). Plasterers petition for review of SDI III and Operative Plasterers & Cement Masons International Ass’n, Local No. 200, 348 NLRB 1250 (2006) (“SDI II”). We deny the Plasterers’ and SDI’s petitions for review and grant the NLRB’s petition for enforcement.

This court reviews the NLRB’s factual findings for substantial evidence and reviews its legal conclusions under the “arbitrary and capricious” standard. See Recon Refractory & Constr. Inc. v. NLRB, 424 F.3d 980 , 986-87 (9th Cir.2005).

1. The NLRB had jurisdiction under Section 10(k) of the National Labor Relations Act (“NLRA”) to hear and decide SDI II. See 29 U.S.C. § 160 (k). The Pullen lawsuit and Plasterers’ Secretary-Treasurer Finley’s statements constitute substantial…