National Labor Relations Board v. Earthgrains Baking Companies

MEMORANDUM **

The Board first argues that we do not have jurisdiction to entertain Earthgrains’ arguments on appeal because they were not made in its brief in support of exceptions to the ALJ’s decision. We disagree. It is not the supporting brief but the exceptions themselves that this Court looks to when determining whether an argument has been properly preserved by a party. See, e.g., Hosp. & Serv. Employees Union, Local 399 v. NLRB, 743 F.2d 1417 (9th Cir.1984). Though Earthgrains properly preserved its arguments for this appeal, we disagree with those arguments. The law is well settled…