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National Labor Relations Board v. Leiferman Enterprises, LLC, Doing Business As Harmon Auto Glass and

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Submitted: March 15, 2011

Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.

Leiferman Enterprises, LLC (“Leiferman”) unilaterally suspended negotiations with the International Union of Painters and Allied Trades District Council 82 (the “Union”) regarding the renewal of the two parties’ collective-bargaining agreement. The National Labor Relations Board (the “Board”) 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, 414 U.S. 168 (1973). The Board now petitions this court to enforce its order, and Leiferman cross-petitions for review of that order. For the reasons that follow, we affirm and enforce the Board’s order, and deny Leiferman’s petition for review.

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