United States First Circuit

In a dispute over enforcement of an NLRB order awarding back pay to employees and union funds, the NLRB's petition for enforcement is granted where: 1) the respondent could not relitigate in an enforcement proceeding the underlying finding of liability already decided by the circuit court; 2) respondent waived its right to challenge the sua sponte entry of summary judgment for petitioner; 3) respondent failed to provide sufficient facts in support of its argument that contributions to the union funds constituted a windfall for the funds; 4) the NLRB's Board's choice of date for calculation of back pay was more than adequately supported by the evidence; and 5) delay in the case did not excuse respondent from the consequences of the accrued interest payments.

Appellate Information

• Decided 08/17/2007
• Published 08/17/2007

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, SELYA, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Christopher W. Young, Attorney, National Labor Relations Board, with whom Fred B. Jacob, Supervisory Attorney, Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel, were on brief, for petitioner.


• For Appellees:
  
• Robert Weihrauch for respondent.