Carpenters Union Local No. 1109 v. National Labor Relations Board

MEMORANDUM *

1. Carpenters Union Local No. 1109 (Carpenters) petitions for review of a Decision and Order by the National Labor Relations Board (NLRB) holding that Champion Home Builders Company (Champion) did not violate the National Labor Relations Act (NLRA) by failing to stay or seek dissolution of a restraining order issued against its former employee, Ramon Rivas (Rivas).

Champion petitions for review of that portion of the Board’s Decision and Order requiring Champion to reinstate Rivas and to petition the state court to withdraw those portions of the restraining order that conflict with the reinstatement remedy.

The NLRB has filed an application for enforcement of the Board’s Decision and Order.

2. Carpenters was an aggrieved party because the Board’s decision resulted in a remedial order against Carpenters to the extent the charges against Champion were not sustained. See Int’l Union, United Auto., Aerospace and Agric. Implement Workers of Am., AFL-CIO, Local 283 v. Scofield, 382 U.S. 205, 210 , 86 S.Ct. 373 , 15 L.Ed.2d 272 (1965). Moreover, because the ALJ ruled in Carpenters’ favor, and “the [preemption] issue was clearly before the Board[,]” Carpenters did not…