National Labor Relations Board v. Auburn Foundry, Inc.

FLAUM, Circuit Judge.

This appeal presents a single narrowly defined issue for this court's review: whether this court should refrain from enforcing an NLRB order mandating reinstatement where the employer claims to have evidence, unavailable at the time of the hearing before the Board, which allegedly undermines the basis for reinstatement. It is the position of the NLRB that as a general matter this type of order be enforced with any “new” evidence relating to the details or present appropriateness of the remedy being left to the post-enforcement compliance or contempt proceedings. We find…