United Steelworkers of America v. National Labor Relations Board

MEMORANDUM *

The United Steelworkers of America, AFL-CIO, CLC (“Union”) petitions for review of an order of the National Labor Relations Board (“Board”), in which the Board affirmed most of the findings and remedies proposed by the Administrative Law Judge (“ALJ”) but rejected the ALJ’s recommendation for a Gissel bargaining order against Cooper Hand Tools (“Company”). See NLRB v. Gissel Packing Co., 395 U.S. 575 , 89 S.Ct. 1918 , 23 L.Ed.2d 547 (1969). The Board explained its refusal to issue the bargaining order on the grounds that the order would be unenforceable giv *611 en the “long and unjustified delay of the case here at the Board.” Cooper Hand Tools, 328 NLRB No. 21 , *3 (April 30, 1999). The Union alleges that the Board violated its established policy and legal precedent by considering the issue of delay when it had not been raised below. We disagree and deny the petition.

We have jurisdiction pursuant to 29 U.S.C. § 160 (f). We will not set aside a remedial order by the Board unless there is “clear abuse of discretion.” Calif. Pacific Medical Center v. NLRB, 87 F.3d 304, 311 (9th Cir.1996) (internal quotation marks and citation omitted). Although the “Board is not…