United Food & Commercial Workers Union Local Nos. 135, 324, 770, 1036, 1167, 1428, 1442 v. National Labor Relations Board

MEMORANDUM

Ralphs Grocery Company (“Ralphs”) petitions for review of a National Labor Relations Board (“Board”) final Supplemental Decision and Order dated March 13, 2014, adopting and affirming Administrative Law Judge Kocol’s October 24, 2012 adverse Supplemental Decision regarding Ralphs’ waiver of attorney-client privilege in its dispute with the United Food and Commercial Workers Union (“Union”) and various local chapters. Ralphs also challenges a Board interim order reopening “Ralphs II,” dated April 17, 2012, which paved the way for Judge Kocol’s decision. Ralphs argues that the Order was not legally susceptible to ratification.

The Union petitions for review of the Board’s final Order because the Order did not award the Union litigation expenses, a claim the Union did not raise before the Board.

The Board cross-petitions for enforcement of its March 13, 2014 final Order.

We exercise jurisdiction over this petition pursuant to our holding in Consumer Financial Protection Bureau v. Gordon, 819 F.3d 1179 (9th Cir. 2016).

Because the parties are familiar with the contours of this protracted and labyrinthi-an controversy, which began in 2003, we repeat its facts and…