Haley & Haley, Inc. Oceanway Transport, Inc., Petitioners-Cross-Respondents v. National Labor Relations Board, Respondents-Cross-Petitioners

Haley and Haley, Inc., and Oceanway Transport, Inc., petition for review of the National Labor Relations Board’s (NLRB) decision finding them in violation of sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act, 29 U.S.C. §§ 158 (a)(1) and (a)(5) (1982), and ordering petitioners to comply with the terms of the collective bargaining agreement between Haley & Haley and Local 3-140 of the International Woodworkers of America (the Union). The NLRB found that Oceanway was an alter ego of Haley & Haley, and therefore bound by the collective bargaining agreement between Haley & Haley and the Union. The NLRB further found that petitioners violated sections 8(a)(1) and 8(a)(5) by transferring employees and equipment from Haley & Haley to Oceanway to avoid their obligations under the collective bargaining agreement. The Board ordered petitioners to cease the transfer, to honor the collectively bargained terms and conditions of the agreement between the Union and Haley & Haley, and to make whole the bar gaining unit employees for any losses suffered as a result of petitioners’ breach of the collective bargaining agreement. The Board’s finding that petitioners violated sections…