NLRB v. Evans Plumbing Co.
United States Court of Appeals for the Fifth Circuit
639 F.2d 291 (1981)
- Written by Philip Glass, JD
Facts
Evans Plumbing Co. (Evans) (defendant) filed a Chapter 11 petition on August 8, 1980. One day later, a hearing involving the National Labor Relations Board (NLRB) (plaintiff), a governmental unit, held before an administrative-law judge, began on the basis that Evans had discriminatorily discharged employees Jack T. Lee and F. J. Meeks on or around February 15, 1980. Thus, the NLRB sought to enforce federal employment law as an exercise of its regulatory and police powers. The administrative-law judge issued a ruling on September 30, 1980, that a discriminatory discharge of Lee and Meeks had occurred and that Evans had to reinstate both former employees with back pay. As Evans did not submit an exception within the time period granted for such a filing, the NLRB adopted the administrative-law judge’s decision. In response, Evans filed a petition with the appeals court, contending that the automatic-stay provision, 11 U.S.C. § 362(a), necessitated an automatic stay of the NLRB hearings. The NLRB petitioned for summary entry of the judgment against Evans.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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