Louisiana-Pacific Corp. v. National Labor Relations Board

The National Labor Relations Board (“the Board”) charged Louisiana-Pacific Corporation, Western Division (“the Company”) with a number of unfair labor practices under the National Labor Relations Act (“Act”), 29 U.S.C. § 151 , et seq. An Administrative Law Judge (“ALJ”) found the Company in violation of the Act. With modifications discussed below, the Board affirmed the ALJ’s “rulings, findings, and conclusions.” 1 In a narrow petition for review, the Company challenges only a backpay order based on the Board’s finding that the Company violated *257 Section 8(a)(5) 2 of the Act when it revoked a non-contractual agreement to “red-circle” the wages of seven employees. In its cross-petition, the Board seeks to have its order enforced in its entirety.

We enforce the uncontested aspects of the Board’s order. We cannot understand the basis for the contested backpay order. Accordingly, we remand the cause to the Board so that the backpay order may be clarified.

I. BACKGROUND

The Company operates a pulp mill and a sawmill in Samoa, California. In August 1991, the Company resolved to shut down the pulp mill’s power boiler, thereby eliminating the jobs of thirty-seven employees. During…