National Labor Relations Board v. C.E. Wylie Construction Company

The National Labor Relations Board (“NLRB”) petitions us to enforce a cease- and-desist order against C.E. Wylie Construction Company (“Wylie”). Wylie contends the NLRB’s order is overly broad in three respects. We conclude Wylie’s first two claims of over-breadth require a remand for further findings. Wylie’s third argument is meritless.

FACTS AND PROCEEDINGS BELOW

Wylie is a general contractor that recently completed a construction project at the Tustin Marine Corps Air Station in Tustin, California. Wylie subcontracted the electrical work to Shasta Electric (“Shasta”), and the sheet metal, heating and air conditioning work to R.J. Lanthier Company (“Lanthier”). Shasta and Lanthier are unionized. Wylie is not. Shasta’s employees are represented by Local 441, International Brotherhood of Electrical Workers (“Local 441”), which is a party to a collective bargaining agreement (“CBA”) with Shasta. Lanthier’s employees are represented by Local 206, Sheet Metal Workers International Association (“Local 206”), which is a party to a CBA with Lanthier. While working in the Tustin area, Lanthier’s employees are covered by a CBA secured by Sheet Metal Workers Local 420, Local 206’s…