holding that where a corporation is an alter ego of the individual "service upon the corporation is the equivalent of service upon the individual."Summary of this case from J2 Global, Inc. v. Fax87.Com
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.
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.