National Labor Relations Board v. Continental Hagen Corporation

The National Labor Relations Board (NLRB) issued a Decision and Order against Continental Hagen Corporation (Continental) after finding that the corporation engaged in unfair labor practices relating to the closure of a plant. The NLRB petitions this court for enforcement of its Order pursuant to 29 U.S.C. § 160 (e). Continental, however, challenges our ability to enforce the Order, arguing that all proceedings are automatically stayed because of pending bankruptcy proceedings. We reject Continental’s arguments and enforce the NLRB Order in part.

FACTS

Continental was engaged in the sale and installation of steel rebar, in Burbank, California. The truekdrivers and employees of Continental belong to the Building Material and Dump Truck Drivers Local Union 420, International Union of Teamsters, Chauf-fers, Warehousemen and Helpers of America, AFL-CIO (the “Union”).

The NLRB filed an unfair labor practice complaint against Continental, alleging that in March 1989, Continental had closed its Burbank operations and terminated its employees without bargaining with the Union, a violation of Section 8(a)(5) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(5). The NLRB’s…