F iled : March 28 , 20 1 3

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 1 2

- 1410 ( 5

- CA

- 36213; 5

- CA

- 36214; 5

- CA

- 36216; 5

- CA

- 36306; 5

- CA

- 36225 )

NATIONAL LABOR RELATIONS BOARD ,
Petitioner ,

v.

ENGINEERING CONTRACTORS, INC.; ECI OF WA SHINGTON, LLC, alter egos , Respondents,

ASBESTOS WORKERS LOCAL 24 APPRENTICESHIP FUND; ASBESTOS WORKERS LOCAL 24 PENSION FUND; ASBESTOS WORKERS LOCAL 24 MEDICAL FUND ,

Intervenors.

O R D E R

The C ourt amends its opinion filed March 28, 201 3 , as

follows:

On the cover sheet, agency information section, “On

Petition for Review of an Order of the Federal Labor Relations
Authority” is corrected to read “ On Application for Enforcement

of an Order of the National Labor Relations Board ”

For the Court

– By Direction

/s/ Patricia S. Connor Clerk**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12** 
**- 1410** 

NATIONAL LABOR RELATIONS BOARD ,
Petitioner ,

v.
ENGINEERING CONTRACTORS, INC.; ECI OF WASHINGTON, LLC, alter egos , Respondents,

ASBESTOS WORKERS LOCAL 24 APPRENTICESHIP FUND; ASBESTOS WORKERS LOCAL 24 PENSION FUND; ASBESTOS WORKERS LOCAL 24 MEDICAL FUND ,

Intervenors

.

On Application for Enforcement of an Order of the National Labor Relations Board . ( NLRB

- 1 5

- CA

- 36213; 5

- CA

- 36214; 5

- CA

- 36216; 5

- CA

- 36306; 5

- CA

- 36225 )

Submitted : March 26 , 2013 Decided: March 28, 2013

Before DUNCAN, FLOYD, and THACKER , Circuit Judges.

Petition granted by un published per curiam opinion

.

Robert J. Englehart, Supervisory Attorney, Lafe E. Solomon, Acting General Counsel, Celeste J. Mattina, Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, Gregoire Sauter,2 NATIONAL LABOR RE LATIONS BOARD, Washington, D.C., for Petitioner. Kenneth C. Gauvey, OFFIT KURMAN, P.A., Owings Mills, Maryland, for Respondent. John R. Mooney, Andrew K. Lin, MOONEY, GREEN, SAINDON, MURPHY & WELCH, P.C., Washington, D.C., for Intervenors.

Unpublished opinions are not binding precedent in this circuit.PER CURIAM:
The National Labor Relations Board (“Board”) seeks
enforcement of a Board order against Engineering Contractors,
Inc. (“Respondent”). The Administrative Law Judge (“ALJ”)
concluded that Respondent violated § 8(a)(1), (3), and (5) of

the National Labor Rel ations Act (“the Act”), 29 U.S.C.

§ 158(a)(1), (3), (5) (2006), and ordered remedial measures.
The Board adopted the ALJ’s recommended order in full.
Respondent opposes the Board’s petition for

enforcement , contending that the remedies ordered by the ALJ
were overreaching and impermissibly punitive. We conclude that
we lack jurisdiction to consider Respondent’s contentions
because Respondent failed to raise its objections to the
remedies ordered in the proceedings before the Board

. See 29

U.S.C. § 160(e) (2006) (“ No objection that has not been urged

before the Board

. . . shall be considered by the c ourt, unless
the failure or neglect to urge such objection shall be excused
because of extraordinary circumstances. ”); Woelke & Romero
Framing, Inc. v. N.L.R.B. , 456 U.S. 645, 665 (1982) (barring
from judicial review issues not raised before Board);

N.L.R.B. v. Daniel Constr . Co. , 731 F.2d 191, 198 (4th Cir.

1984) (same).4 Accordingly, we grant the Board’s motion to submit the
case on briefs and the p etition for enforcement. We dispense
with oral argument because the facts and legal conclusions are
adequately presented in the materials before this court and
argument would not aid the decisional process.

PETITION GRANTED