C&C Roofing Supply v. NLRB

FACTS

After winning a certification campaign to represent C&C’s employees, the United Union of Roofers, Waterproofers and Allied Workers filed three unfair labor practice charges against C&C. The last of these alleged that the company had unlawfully terminated twenty employees. The Board’s Gen- eral Counsel issued a complaint which consolidated all three charges, alleging that C&C had violated § 8(a)(5) and (1) of the National Labor Relations Act (“NLRA”), 29 U.S.C. § 158 et seq. This appeal concerns only the unlawful termination charge.

The parties reached a Formal Settlement Stipulation (“Settlement”) before the dispute went before the Board. The Settlement admitted C&C’s liability for the unlawful termina- tions, and provided for reinstatement and a certain amount of backpay for each employee. The Settlement was to become effective immediately upon approval by the Board, and C&C agreed to “immediately comply with the provisions of the order” upon Board approval. C&C also waived its right to contest this consent judgment.

The Board approved the consent judgment on December 20, 2007, but C&C did not comply with its terms. Instead, C&C asserted that it could not lawfully comply…