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Contempt, Compliance, and Special Litigation Branch Briefs

The Contempt, Compliance, and Special Litigation Branch (CCSLB) represents the Board and the General Counsel in all suits not statutorily based on Sections 10(e) and (f) of the Act, and conducts civil and criminal contempt litigation to obtain compliance with Board orders.

These matters may include actions to restrain or compel issuance of complaint by the General Counsel, actions to restrain or compel particular Board proceedings, actions to review Board rulemaking, actions to compel disclosure under the Freedom of Information Act or payment of attorney fees under the Equal Access to Justice Act, subpoena enforcement proceedings under Section 11 of the National Labor Relations Act, filing objections to subpoenas issued against Agency personnel, or proceedings and assistance to Regions to protect the Board's remedial orders in bankruptcy courts or against attachments, garnishments or liens.
 
In addition, based on the recommendation of the General Counsel, and upon authorization by the Board, CCSLB may initiate an action or intervene in ongoing litigation in federal district court in order to protect the Board's jurisdiction and the primacy of its decisions. In conjunction with the Justice Department, CCSLB also assists defending Agency employees in suits filed against them in their individual capacity for actions they have taken within the scope of their authority and employment. 
 
CCSLB also conducts civil and criminal contempt litigation in the U.S. Courts of Appeals to coerce compliance or to punish non-compliance with judgments enforcing orders of the Board; obtains protective orders to ensure that assets will not be dissipated in an effort to avoid the payment of backpay judgments; institutes and monitors ancillary collection proceedings, including actions under the Federal Debt Collection Procedures Act to garnish and obtain other injunctive relief pendente lite. CCSLB also provides investigative assistance to the Regions related to obtaining compliance with Board and court orders, including investigating entities and/or individuals that may be derivatively liable under the Act.
 
CCSLB litigation is nation-wide in scope, affects all segments of industry and applies to all unfair labor practices proscribed by law. Through this litigation, compliance with orders of the Courts of Appeals is obtained, and the policies enunciated in the National Labor Relations Act and the orders of the courts are effectuated. 
 
Selected CCSLB briefs are available below, listed by topic.
 
 

Rulemaking Litigation

Representation-Case Procedure Rule (Dec. 2014 rule):

Baker DC, LLC v. NLRB, No. 1:15-cv-00571 (D.D.C.)  
Defendant NLRB’s Opposition to Plaintiff Baker’s Motion for Temporary Restraining Order as to Irreparable Harm  
Defendant NLRB’s Opposition to Plaintiff Baker’s Motion for Temporary Restraining Order as to Likelihood of Success and the Merged Balance of Harms/Public Interest Factors

Chamber of Commerce et al. v. NLRB, No. 15-cv-00009-ABJ (D.D.C.)
Memorandum (i) in Support of Partial Motion to Dismiss and Cross-Motion for Summary Judgment, and (ii) in Opposition to Plaintiffs’ Motion for Summary Judgment 
Reply in Support of Partial Motion to Dismiss and Cross-Motion for Summary Judgment  

Associated Builders and Contractors of Texas, Inc. et al. v. NLRB, No. 15-50497 (5th Cir.) (appeal from No. 15-cv-00026-RP (W.D. Tex.)  
Memorandum (i) in Support of Partial Motion to Dismiss and Cross-Motion for Summary Judgment, and (ii) in Opposition to Plaintiffs’ Motion for Summary Judgment 
Reply in Support of Partial Motion to Dismiss and Cross-Motion for Summary Judgment  
Brief of Appellee National Labor Relations Board (5th Cir.)


Notice Posting Rule: 

NAM et al. v. NLRB et al., No. 12-5068 (D.C. Cir.) (appeal from No. 1:11-01629 (D.D.C.)) 
Memorandum in Support of Cross-Motion for Summary Judgment and Motion to Dismiss 
Cross-Opposition to Plaintiffs’ Cross-Motions for Summary Judgment 
Opp. to Emergency Motion for Injunction Pending Appeal and/or for Expedited Consideration (D.C. Cir.) 
Principal and Response Brief of Appellees/Cross-Appellants (D.C. Cir.) 
Reply Brief of Appellees/Cross-Appellants (D.C. Cir.) 
Appellees/Cross-Appellants’ Petition for Rehearing and Rehearing En Banc (D.C. Cir.)

Chamber of Commerce et al. v. NLRB et al., No. 12-1757 (4th Cir.) (appeal from  No. 2:11-cv-02516 (D.S.C.)) 
Memorandum in Support of Cross-Motion for Summary Judgment 
Memorandum in Opposition to Cross-Motion for Summary Judgment 
Brief of the National Labor Relations Board (4th Cir.)    
Reply Brief of the National Labor Relations Board (4th Cir.) 
Defendants-Appellants’ Petition for Rehearing and Rehearing En Banc (4th Cir.)

Representation-Case Procedure Rule: 
(Dec. 2011 rule) 

Chamber of Commerce et al. v. NLRB, No. 1:11-cv-02262-JEB (D.D.C.), appeal dismissed, No. 12-5250 (D.C. Cir.) 
Memorandum in Support of Motion for Summary Judgment 
Opposition to Plaintiffs’ Motion for Summary Judgment 
Motion to Alter or Amend Judgment 
Reply Supporting Defendant’s Rule 59(e) Motion 
Brief of the National Labor Relations Board (D.C. Cir.) 
Reply Brief of the National Labor Relations Board (D.C. Cir.)

 

Bankruptcy Litigation
 
Unite Here Local 54 v. Trump Entertainment Resorts, Inc., No. 14-4807 (3d Cir.) 

 

Litigation Challenging Agency Actions Based on Noel Canning

All American School Bus Corp. v. Paulsen et al., No. 13-cv-3762 (KAM)(RER) (E.D.N.Y.) 
Cross-Defendants’ Opposition to Motion for Temporary Restraining Order and Preliminary Injunction 
Counterclaim /Third Party Defendants’ Memorandum of Points and Authorities in Support of Motion to Dismiss 
Counterclaim /Third Party Defendants’ Reply Memorandum of Points and Authorities in Support of Motion to Dismiss

In re Jeanette Geary, In re SFTC, LLC, d/b/a Santa Fe Tortilla Co., In re Encino Hospital Medical Center, Nos. 13-1-29, 13-1048, 13-1130 (consolidated) (D.C. Cir.) 
Brief for the NLRB in Opposition to the Petitions for Writs of Mandamus

Ozburn-Hessey Logistics, Inc. v. NLRB, No. 13-1170 (D.C. Cir.) 
Response of the NLRB in Opposition to Emergency Motion for Stay

In re SFTC, LLC, d/b/a Santa Fe Tortilla Co., No. 13-1048 (D.C. Cir.) 
Response of the NLRB in Opposition to Petition for Writ of Mandamus or Writ of Prohibition 
Response of the NLRB In Opposition toEmergency Motion for Stay

In re CSC Holdings, LLC, and Cablevision Systems New York City Corp., No. 13-1191 (D.C. Cir.) 
Response of the NLRB in Opposition to Emergency Motion to Stay Agency Action

Schwarz Partners Packaging, LLC v. NLRB, No. 13-343 (D.D.C.) 
Defendants' Memorandum of Law in Support of Their Motion to Transfer Venue or, in the Alternative, to Dismiss for Lack of Subject-Matter Jurisdiction, and in Opposition to Plaintiff’s Motion for Summary Judgment 
Defendants' Reply Brief in Support of Their Motion to Transfer Venue or, in the Alternative, to Dismiss for Lack of Subject-Matter Jurisdiction

In re Jeanette Geary, No. 13-1029 (D.C. Cir.) 
Response of the NLRB in Opposition to Petition for Writ of Mandamus or Writ of Prohibition

Laboratory Corp. of America Holdings v. NLRB, No. 13-276 (RBW)(D.D.C.), transferred to D.N.J. as No. 13-cv-00276-RBW 
NLRB’s Memorandum of Law in Support of Motion to Dismiss and in Opposition to Motion for a TRO or PI, or, in the Alternative, Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a) 
Reply Memorandum in Support of Defendant’s Motion to Dismiss or Alternatively to Transfer Venue

R & S Waste Services, LLC v. NLRB, No. 13-1042 (D.C. Cir.) 
NLRB’s Motion to Dismiss for Lack of Jurisdiction 
Reply of the NLRB to Petitioner’s Response to Motion to Dismiss

 

Preemption Cases

UAW v. Hardin County, Kentucky, No. 3:15-cv-66 (DJH) (W.D. Ky.)
Brief of the NLRB As Amicus Curiae in Support of Plaintiffs

NLRB v. State of Arizona, No. 2:11-cv-00913 (D. Az.) 
Opposition to Motion to Dismiss   
Motion for Summary Judgment and Memorandum of Law in Support   
Opp. to Defendant and Intervenor-Defendants’ Motions for Summ. Judg. 
Reply Brief in Support of Motion for Summary Judgment

 

Board Subpoena Matters

Sanderson Farms, Inc. v. NLRB, No. 15-60820 (5th Cir.)
 
NLRB v. UPMC Presbyterian Shadyside, No. 14-4523 (3d Cir.)
 
NLRB v. Interbake Foods, LLC, No. 09-2245 (4th Cir.)
Brief 
Reply Brief 
Petition for Rehearing or Rehearing En Banc

 

Other District Court Litigation

Little River Band of Ottawa Indians v. NLRB, No. 1:09-cv-141-JTN (W.D. Mich.) 
Response to Plaintiff’s Motion for Summary Judgment 
Sur-Reply

Saginaw Chippewa Indian Tribe v. NLRB et al., No. 1:11-cv-14652 (E.D. Mich.) 
Brief in Support of Motion to Dismiss and Opposition to Motion for a TRO and/or Preliminary Injunction 
Brief in Reply

The Chickasaw Nation v. NLRB et al., No. 5:11-cv-00506-W (W.D. Okla.) 
Memo in Support of Motion to Dismiss and in Opp. to Motion for a TRO and/or Preliminary Injunction 
Reply in Support of Motion to Dismiss

Amerijet Int’l v. NLRB et al., No. 1:11-cv-22919 (S.D. Fla.) 
Motion to Dismiss 
Reply to Plaintiff’s Brief Opposing Defendants’ Motion to Dismiss 
Opposition to Motion for Summary Judgment 
Brief of Appellees NLRB et al.

 

Other Appellate Court Litigation

Patterson v. Raymours Furniture Co., Inc., No. 15-2820 (2d Cir.)
Brief for the NLRB as Amicus Curiae Urging Reversal in Support of Plaintiffs-Appellants   

Lewis v. Epic Systems Corp., No. 15-2997 (7th Cir.)
 
Morris v. Ernst & Young, LLP, No. 13-16599 (9th Cir.)
 
Sanderson Farms, Inc. v. NLRB, No. 15-60333  (5th Cir.)  
 
Cazorla v. Koch Foods of Miss., LLC (EEOC v. Koch Foods of Miss., LLC), No. 15-60562 (5th Cir.)  
Brief for the NLRB as Amicus Curiae Urging Partial Reversal in Support of Appellant Cross-Appellee U.S. EEOC   


DiPonio Constr. Co. v. Int’l Union of Bricklayers & Allied Craftworkers, Local 9, No. 11-1034 (6th Cir.)  
Brief of Intervenor National Labor Relations Board 
 

 

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