U.S. Court of Appeals for the Ninth Circuit, 1976

Certified Building Products, Inc. v. National Labor Relations Board

U.S. Court of Appeals for the Ninth Circuit · Decided January 23, 1976 · Goodwin, Jameson, Sneed

528 F.2d 968 (Federal Reporter, Second Series)

Counsel

Robert S. Michaels (argued), Michaels, Ornstein & Kontos, Los Angeles, Cal., for petitioners., John Depenbroek (argued), NLRB, Washington, D. C., for respondent.

Cases that cite this one

1 later published case cites this decision.

Certified Building Products, Inc., and Carl Fidler, an Individual v. National Labor Relations Board (9th Cir. 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION

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

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).

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).

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

Affirmed.

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