Nat'l Labor Relations Board v. Leiferman Enterprises, LLC, No. 10-2801 (8th Cir. 2011)
Annotate this CaseThis case arose when Leiferman Enterprises LLC (Leiferman) unilaterally suspended negotiations with the International Union of Painters and Allied Trades District Council 82 (Union) regarding the renewal of the two parties' collective-bargaining agreement. The NLRB eventually filed a complaint but, during the litigation's pendency, a secured creditor forced Leiferman into receivership. During the receivership, the secured creditor sold Leiferman to Auto Glass Repair and Windshield Replacement Service (WRS), agreeing to indemnify WRS against any potential Board liability. At length, the Board found Leiferman liable for certain unfair labor practices and imposed that liability on WRS, which it determined to be a liable successor-in-interest under Golden State Bottling Co. v. NLRB. The Board subsequently petitioned the court to enforce its order and Leiferman cross-petitioned for review of the order. The court held that the record, reviewed as a whole, contained substantial evidence to support the Board's conclusion that WRS was Leiferman's Golden State successor-in-interest and therefore, the court enforced the Board's order and denied WRS's petition for review.
Court Description: Petition for Review - NLRB. The record, viewed as a whole, contains substantial evidence to support the NLRB's conclusion that respondent Windshield Replacement Service is Leiferman Enterprise's Golden State successor-in-interest. See Golden State Bottling Co. V. NLRB, 414 U.S. 168 (1973).
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