National Labor Relations Board, and United Food & Commercial Workers Union, Local No. 126, Intervenor v. Edwin R. O'neill, an Individual O'neill, Ltd.

OVERVIEW

The National Labor Relations Board (“NLRB”) petitions for enforcement of two of its orders. In case no. 90-70643, the NLRB petitions for enforcement of an order designed to compensate the Butchers’ and Teamsters’ Unions for unfair labor practices that occurred when Edwin O’Neill closed his meat plant in 1977 and then abruptly reopened it under the auspices of four new corporations just three weeks later. Case no. 90-70645 concerns unfair labor practices that resulted from the plant’s permanent closing in 1981. O’Neill contends that the NLRB erred in holding that the unfair labor practices charges at issue in case no. 90-70643 were not time-barred, in finding that the new corporations were alter egos of the corporations formerly in existence at the plant, and in holding him individually liable for the unfair labor practices. We affirm the orders of the NLRB in both cases.

FACTUAL AND PROCEDURAL BACKGROUND

The facts of this case are long and complicated. The issues in this dispute all relate to the closing and subsequent reopening of a meat processing plant in Fresno, California, in 1977. O’Neill Meat Co. was formed in 1949 and Edwin O’Neill personally assumed control in…