National Labor Relations Board v. JLL Restaurant, Inc.

MEMORANDUM **

The National Labor Relations Board applies for enforcement of its order issued against Respondents JLL Restaurant, Inc. and Smoke House Restaurant, Inc. We have jurisdiction pursuant to 29 U.S.C. § 160 (e), and we grant the application.

We may overturn the Board’s findings of fact only when they are not supported by substantial evidence in the record, or if the Board has not correctly applied the law. Cal. Pac. Med. Ctr. v. N.L.R.B., 87 F.3d 304, 307 (9th Cir.1996). We defer to the Board’s interpretation of the National Labor Relations Act (the “Act”) where that interpretation is “reasonably defensible.” Id.

The Board is entitled to summary enforcement of its finding that JLL violated Section 8(a)(1) of the Act. JLL failed to answer the Board’s complaint so the Board properly deemed the complaint allegations to be true. See N.L.R.B. v. Continental Hagen Corp., 932 F.2d 828, 831 (9th Cir.1991). Once admitted, those allegations demonstrated violations of Section 8(a)(1). *579 See N.L.R.B. v. Davis, 642 F.2d 350 , 353 (9th Cir.1981).

Similarly, the Board is entitled to summary enforcement of its findings that Smoke House violated Section 8(a)(1) of the Act by…