National Labor Relations Board v. Ethan Enterprises, Inc.

MEMORANDUM ***

The National Labor Relations Board (NLRB) petitions this Court to enforce a June 24, 2004 Board Order issued against Ethan Enterprises, Inc. (Ethan). Pursuant to a settlement of another unfair labor practice case, Ethan agreed to sign and be bound by a collective-bargaining agreement (CBA) that was in effect between other contractors and District Council # 5, International Union of Painters and Allied Trades, AFL-CIO (the Union). Following this settlement, Ethan failed to sign the CBA and refused to provide relevant employee information to the Union.

Following a complaint by the Union regarding Ethan’s refusal to sign the CBA and a hearing before an Administrative Law Judge (ALJ) concerning this matter, the NLRB found that Ethan violated Section 8(a)(5) and (1) of the National Labor Relations Act (the Act) by refusing to sign an agreed-upon collective-bargaining agreement and by refusing to provide the *24 Union with the relevant employee information.

We enforce an order of the NLRB if “its findings of fact are supported by substantial evidence and if the Board correctly applied the law....” New Breed Leasing Corp. v. NLRB, 111 F.3d 1460, 1464 (9th Cir.1997)…