Legal Opinion

National Labor Relations Board v. Better Building Supply Corp., and Its Alter Egos, Evergreen Roofing Inc., and Besco Roofing, Inc.

Court of Appeals for the Ninth Circuit

Decided January 13, 1988No. 87-7154PublishedCited by 31 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Circuit Judge:

This case presents us with a novel question involving principles of bankruptcy, labor, and corporate law. The question is whether a corporation’s liability for NLRB damages survives Chapter 7 bankruptcy proceedings and attaches to its alter ego formed after bankruptcy. We conclude that it does and enforce the order of the NLRB.

BACKGROUND

The Mylans have conducted a roofing business through several different corporations for ten years. In 1977, they were doing business through Better Building Supply Corp. The NLRB found that BBSC engaged in unfair labor practices…

2Cases cited3 opinions

  1. J. M. Tanaka Construction, Inc. v. National Labor Relations Board, R. M. Tanaka Construction, Inc. v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1982
  2. Morgan v. BurksWashington Supreme Court · 1980
  3. Local 512, Warehouse and Office Workers' Union, International Ladies' Garment Workers' Union Afl-Cio v. National Labor Relations Board, National Labor Relations Board v. Felbro, Inc.Court of Appeals for the Ninth Circuit · 1986

3Cited by31 opinions

  1. Thacker v. Federal Communications Commission (In Re Magnacom Wireless, LLC)Court of Appeals for the Ninth Circuit · 2007
  2. Bostick v. Schall's Brakes & Repairs, Inc.Superior Court of Pennsylvania · 1999
  3. In Re CVA General Contractors, Inc.United States Bankruptcy Court, W.D. Texas · 2001
  4. In Re LangUnited States Bankruptcy Court, N.D. Iowa · 2008
  5. Local Union No. 38, Sheet Metal Workers' International Ass'n v. a & M Heating, Air Conditioning, Ventilation & Sheet Metal, Inc.District Court, S.D. New York · 2004

26 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API