Opinion

Thesis Painting, Inc. v. National Labor Relations Board

  • 684 F. App'x 321
Court
Court of Appeals for the Fourth Circuit
Filed
Apr 7, 2017
Status
Unpublished
On the bench
Gregory, Thacker, Hamilton
Cited by
0 cases
Authority
More cited than 44.0%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-1871

THESIS PAINTING, INC.,

Petitioner,

v.

NATIONAL LABOR RELATIONS BOARD,

Respondent.

No. 16-2031

NATIONAL LABOR RELATIONS BOARD,

Petitioner,

v.

THESIS PAINTING, INC.,

Respondent.

On Petition for Review and Cross-application for Enforcement of an Order of the

National Labor Relations Board. (05-CA-172905)

Submitted: March 16, 2017 Decided: April 7, 2017

Before GREGORY, Chief Judge, THACKER, Circuit Judge, and HAMILTON, Senior

Circuit Judge.

No. 16-1871 petition for review denied; No. 16-2031 cross-application for enforcement

granted by unpublished per curiam opinion.

Maurice Baskin, LITTLER MENDELSON, P.C., Washington, D.C., for Petitioner.

Richard F. Griffin, Jr., General Counsel, Jennifer Abruzzo, Deputy General Counsel,

John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General

Counsel, Usha Dheenan, Molly Sykes, NATIONAL LABOR RELATIONS BOARD,

Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:

In these consolidated appeals, Thesis Painting, Inc. (Thesis) petitions for review of

a National Labor Relations Board (Board) order granting summary judgment on its

complaint alleging Thesis violated the National Labor Relations Act, 29 U.S.C. §§ 151-

169 (2012) (NLRA), when it refused to recognize and bargain with the International

Union of Painters and Allied Trades, AFL-CIO, District Council 51 (Union) after the

Board certified the Union as the representative of Thesis’ employees. The Board’s order

directed Thesis to bargain with the Union upon request. The Board has cross-petitioned,

asking this court to enforce its order.

We conclude that substantial evidence supports the Board’s factual findings, and

find that the Board’s legal interpretations of the NLRA are rational and consistent with

the Act. See 29 U.S.C. § 160(e) (2012); NLRB v. Air Contact Transp. Inc., 403 F.3d 206,

210 (4th Cir. 2005). Accordingly, we deny Thesis’ petition and grant the Board’s cross-

petition for enforcement. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before this court and argument

would not aid the decisional process.

16-1871 PETITION FOR REVIEW DENIED;

16-2031 CROSS-APPLICATION FOR ENFORCEMENT GRANTED

3

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.