Opinion

Certified Building Products, Inc., and Carl Fidler, an Individual v. National Labor Relations Board

  • 528 F.2d 968
  • 91 L.R.R.M. (BNA) 2432
  • 1976 U.S. App. LEXIS 13196
Court
Court of Appeals for the Ninth Circuit
Filed
Jan 23, 1976
Status
Published
Cited by
0 cases
Authority
More cited than 13.4%

The opinion

528 F.2d 968

91 L.R.R.M. (BNA) 2432 , 78 Lab.Cas. P 11,238

CERTIFIED BUILDING PRODUCTS, INC., and Carl Fidler, an

Individual, Petitioners,

v.

NATIONAL LABOR RELATIONS BOARD, Respondent.

No. 74--2777.

United States Court of Appeals,

Ninth Circuit.

Jan. 23, 1976.

Robert S. Michaels (argued), Michaels, Ornstein & Kontos, Los Angeles, Cal., for petitioners.

John Depenbrock (argued), NLRB, Washington, D.C., for respondent.

OPINION

Before GOODWIN and SNEED, Circuit Judges, and JAMESON, * District Judge.

PER CURIAM:

1

We allow enforcement of the Board's remedial order in this unfair-labor-practices proceeding under 29 U.S.C. § 158 (a)(1) and (5).

2

The only nonfrivolous issue on appeal is whether in personam jurisdiction of Carl Fidler was obtained. The record supports the Board's finding that the corporation is Fidler's alter ego. Accordingly, in a board proceeding of this kind, service upon the corporation is the equivalent of service upon the individual. Fidler was the sole owner and principal actor in the matters giving rise to the complaint. See N.L.R.B. v. Deena Artware, Inc., 310 F.2d 470 (6th Cir. 1962).

3

The Board will present an appropriate enforcing order upon which a judgment will be entered.

4

Affirmed.

*

The Honorable William J. Jameson, United States District Judge for the District of Montana, sitting by designation

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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