Operative Plasterers' & Cement Masons' International Ass'n v. National Labor Relations Board

MEMORANDUM *

Here, the Operative Plasterers & Cement Masons International and Local 200 (“Plasterers”) and the Southwest Regional Council of Carpenters (“Carpenters”) dispute which union has the right to be the collective bargaining agent of employees who work at a number of Southern California jobs of contractor-employer Standard Drywall, Inc. (“SDI”). This case is a petition for review from Operative Plasterers & Cement Masons International Ass’n Local 200, 357 NLRB No. 179 (Dec. 31, 2011)(“SDI IV”), which awarded the work to the Carpenters.

We deny the Plasterers’ petition for review, and dismiss their challenges to the National Labor Relations Board’s (“NLRB”) remedial order for lack of jurisdiction. We grant the NLRB’s motion for enforcement.

This court reviews the NLRB’s factual findings for substantial evidence and reviews its legal conclusions under the “arbitrary and capricious” standard. Recon Refractory & Constr. Inc. v. NLRB, 424 F.3d 980 , 986-87 (9th Cir.2005).

1. The NLRB had jurisdiction under Section 10(k) of the National Labor Relations Act (“NLRA”) to hear and decide Southwest Regional Council of Carpenters, 348 NLRB 1250 (2006) (“SDI II ”). Section 10(k)…