National Labor Relations Board v. San Luis Trucking, Inc.

MEMORANDUM

The National Labor Relations Board (the “Board” or “NLRB”) petitions for enforcement of the Board’s decision and order in this case. We have jurisdiction pursuant to 29 U.S.C. § 160 (e), and for the reasons stated herein, grant the NLRB’s application for enforcement of its order.

Factor contends that the ALJ erred as a matter of law in finding that the decision to close SLT without first bargaining with the Union was a violation of the National Labor Relations Act (the “Act”) because there is no duty to bargain over a decision that involves going out of business entirely. Factor also contends that the ALJ erred as a matter of law in imposing a restoration remedy on one member of a single employer where there is neither an alter ego nor single bargaining unit status with the other member.

We uphold NLRB decisions if the law was correctly applied and the findings are supported by substantial evidence. NLRB. v. Int'l Bhd. of Elec. Workers, Local 18, 345 F.3d 1049, 1053 (9th Cir.2003) (citing NLRB v. Unbelievable, Inc., 71 F.3d 1434 , 1438 (9th Cir.1995)). Substantial evidence supported the Board’s finding that Factor, SLT, and SEC were a single employer for purposes of…