National Labor Relations Board v. Local Union No. 180, United Brotherhood of Carpenters and Joiners of America, Aflcio

Good Law
462 F.2d 1321·80 L.R.R.M. (BNA) 3052·1972 U.S. App. LEXIS 8843
United States Court of Appeals for the Ninth CircuitJune 22, 197271-1398California1,384 words

Opinion

Opinion

Trask, J.

The National Labor Relations Board has petitioned this court, pursuant to Section 10(e) of the National Labor Relations Act, as amended, 29 U.S.C. § 151 et seq., for enforcement of its Order issued February 11, 1970, and its Supplemental Order, issued August 12, 1970. The Board’s Decision and Order, as modified by the Supplemental Order, is reported at 181 N.L.R.B. No. 18.

B & K Drywall Systems, Inc. (B & K) is a California corporation engaged in the installation of sheetrock under subcontracts from building and construction contractors and other subcontractors. It was formed on September 28, 1967, by Lyle Kiltau, who owns all of the stock. Prior to the incorporation of B & K, Kil-tau had been a partner with David Bush, doing business as B & K Drywall Systems (the partnership). The partnership had been engaged in the same type of work as the corporation, B & K, which succeeded it. Bush was the owner and president of Bush Painting & Drywall, Inc. (Bush Painting), a California corporation engaged as a painting and drywall subcontractor. From 1964 until the formation of the partnership, Kiltau had been an employee of Bush Painting, and its superintendent during the last year. Bush…

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