National Labor Relations Board v. Fred Meyer Stores, Inc.

MEMORANDUM

In these two consolidated cases, the National Labor Relations Board (Board) petitions for enforcement of its orders finding that Fred Meyer Stores, Inc. (Fred Meyer) engaged in unfair labor practices in violation of the National Labor Relations Act (Act). We have jurisdiction under 29 U.S.C. § 160 (e). We grant the Board’s applications for enforcement of its orders and deny Fred Meyer’s motions to supplement the record.

1. The Act generally bars judicial review of issues not raised during proceedings before the Board. Woelke & Romero Framing, Inc. v. NLRB, 456 U.S. 645, 665 , 102 S.Ct. 2071 , 72 L.Ed.2d 398 (1982). The Act provides that, in a petition for enforcement, “[n]o objection that has not been urged before the Board ... shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.” 29 U.S.C. § 160 (e). Fred Meyer did not show that its failure to urge its objections before the Board was excused because of extraordinary circumstances. See, e.g., NLRB v. Legacy Health Sys., 662 F.3d 1124, 1127 (9th Cir.2011). Thus, we do not have discretion to review Fred Meyer’s challenges to the…