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National Labor Relations Board v. Bolivar-Tees, Inc.

National Labor Relations Board did not err in declaring third-party corporations jointly and severally liable for employer's backpay award where all entities constituted single employer and original corporate employer had been dissolved and assets disposed of.

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Submitted: February 15, 2008

Before MELLOY, GRUENDER and SHEPHERD, Circuit Judges.

The National Labor Relations Board (“Board”) held that Bolivar-Tees, Inc. (“Bolivar”) committed unfair labor practices in violation of the National Labor Relations Act (“NLRA”) and ordered the corporation to provide backpay to five former employees. However, when the United States Court of Appeals for the District of Columbia Circuit enforced the order, Bolivar was dissolved and had disposed of all of its assets. In a subsequent compliance proceeding, an administrative law judge (“ALJ”) recommended that Screen Creations, Ltd. (“Screen Creations”), Screen Creations de Mexico, Screen Creations de Celaya and Allan Heller be held jointly and severally liable with Bolivar because the corporations constituted a single employer and because the corporate veil should be pierced to allow collection from Heller personally. The Board filed a petition for the enforcement of its Supplemental Decision and Order (“Order”), which adopted the recommendations of the ALJ. We grant the petition and enforce the Order.

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