Certified Building Products v. N.L.R.B

Full title: CERTIFIED BUILDING PRODUCTS, INC., AND CARL FIDLER, AN INDIVIDUAL…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jan 23, 1976

528 F.2d 968 (9th Cir. 1976)

Opinion

No. 74-2777.

January 23, 1976.

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

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

Petition for review from the National Labor Relations Board.

Before GOODWIN and SNEED, Circuit Judges, and JAMESON,^_ District Judge.

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

OPINION

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 non frivolous issue on appeal is whether in personal 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.