NLRB v. Engineering Contractors, Inc., No. 12-1410 (4th Cir. 2013)

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Filed: March 28, 2013 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1410 (5-CA-36213; 5-CA-36214; 5-CA-36216; 5-CA-36306; 5-CA-36225) NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ENGINEERING CONTRACTORS, INC.; ECI OF WASHINGTON, LLC, alter egos, Respondents, ASBESTOS WORKERS LOCAL 24 APPRENTICESHIP FUND; ASBESTOS WORKERS LOCAL 24 PENSION FUND; ASBESTOS WORKERS LOCAL 24 MEDICAL FUND, Intervenors. O R D E R The Court amends its opinion filed March 28, 2013, as follows: On the cover sheet, agency information section, On Petition for Review of an Order of the Federal Labor Relations Authority is corrected to read On Application for Enforcement of an Order of the National Labor Relations Board For the Court By Direction /s/ Patricia S. Connor Clerk UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1410 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ENGINEERING CONTRACTORS, INC.; ECI OF WASHINGTON, LLC, alter egos, Respondents, ASBESTOS WORKERS LOCAL 24 APPRENTICESHIP FUND; ASBESTOS WORKERS LOCAL 24 PENSION FUND; ASBESTOS WORKERS LOCAL 24 MEDICAL FUND, Intervenors. On Application for Enforcement of an Order of the National Labor Relations Board. (NLRB-1 5-CA-36213; 5-CA-36214; 5-CA-36216; 5CA-36306; 5-CA-36225) Submitted: March 26, 2013 Decided: March 28, 2013 Before DUNCAN, FLOYD, and THACKER, Circuit Judges. Petition granted by unpublished per curiam opinion. Robert J. Englehart, Supervisory Attorney, Lafe E. Solomon, Acting General Counsel, Celeste J. Mattina, Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, Gregoire Sauter, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Petitioner. Kenneth C. Gauvey, OFFIT KURMAN, P.A., Owings Mills, Maryland, for Respondent. John R. Mooney, Andrew K. Lin, MOONEY, GREEN, SAINDON, MURPHY & WELCH, P.C., Washington, D.C., for Intervenors. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: The National Labor Relations Board ( Board ) seeks enforcement of a Board order against Engineering Contractors, Inc. ( Respondent ). The Administrative Law Judge ( ALJ ) concluded that Respondent violated § 8(a)(1), (3), and (5) of the National § 158(a)(1), Labor (3), Relations (5) (2006), Act and ( the Act ), ordered 29 remedial U.S.C. measures. The Board adopted the ALJ s recommended order in full. Respondent opposes the Board s petition for enforcement, contending that the remedies ordered by the ALJ were overreaching and impermissibly punitive. we lack because jurisdiction Respondent to failed consider to raise We conclude that Respondent s its contentions objections to remedies ordered in the proceedings before the Board. the See 29 U.S.C. § 160(e) (2006) ( No objection that has not been urged before the Board . . . shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. ); Woelke & Romero Framing, Inc. v. N.L.R.B., 456 U.S. 645, 665 (1982) (barring from judicial N.L.R.B. v. review Daniel 1984) (same). issues Constr. Co., not 731 raised F.2d 191, before 198 Board); (4th Cir. Accordingly, we grant the Board s motion to submit the case on briefs and the petition for enforcement. We dispense with oral argument because the facts and legal conclusions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION GRANTED 4