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National Labor Relations Board v. International Brotherhood of Teamsters, Local 251

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Before Lynch, Chief Judge, Souter, *fn1 Associate Justice, and Lipez, Circuit Judge.

This case is before us upon an application for enforcement, and a cross-petition for review, of an order of the National Labor Relations Board (“NLRB” or the “Board”). Although the dispute between the parties has involved many issues, there is one central issue in this appeal — whether a May 28, 1999 letter of agreement (the “May 1999 agreement”) between the International Brotherhood of Teamsters, Local 251 (“Local 251″ or the “union”) and J.H. Lynch & Co. (“Lynch”) violated section 8(e) of the National Labor Relations Act (the “Act”), 29 U.S.C. _ 158(e), by impermissibly preventing Lynch from doing business with two third-party subcontractors. The Administrative Law Judge (“ALJ”) who originally heard the case found that the agreement did not violate section 8(e) with respect to one subcontractor, but did with respect to the other. Upon review, the NLRB, emphasizing the plain terms of the May 1999 agreement, found that the agreement’s application to both subcontractors violated section 8(e) of the Act and entered a remedial order.

The Board now applies for enforcement of its order. In turn, Local 251 petitions for limited review of the NLRB’s decision, arguing that the NLRB erred in reversing the ALJ and that, because more than 10 years passed between the events in question and the NLRB’s decision, it would be inappropriate to enforce the decision.

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