NATIONAL LABOR RELATIONS BOARD v. BANNUM, INC. and BANNUM PLACE OF SAGINAW, LLC, a single employer and/or joint employers and/or a Parent Corporation - Articles

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NATIONAL LABOR RELATIONS BOARD v. BANNUM, INC. and BANNUM PLACE OF SAGINAW, LLC, a single employer and/or joint employers and/or a Parent Corporation

Posted by: Tanja Trezise on Feb 27, 2024

Head Comment: The court delivered a PER CURIAM opinion and order.

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON MOTION AND REPLY: Helene D. Lerner, Paul A. Thomas, Shawnnell T. Barnett, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for NLRB.

Attorneys 2: ON RESPONSE: Frank T. Mamat, DINSMORE & SHOHL, LLP, Troy, Michigan for Bannum.

Judge(s): MOORE, COLE, and NALBANDIAN, Circuit Judges

Court Appealed: On Motion to Adjudicate Respondents in Civil Contempt of Protective Restraining Order and for Spoliation Sanctions

PER CURIAM. In July 2023, we granted the National Labor Relations Board’s petition for a protective restraining order prohibiting Bannum, Inc. and Bannum Place of Saginaw, Inc. (collectively, “Bannum”) from dissipating its assets and ordering it to provide the National Labor Relations Board (“the Board”) with various financial records. The Board now moves for us to hold Bannum in civil contempt for failing to comply with the protective restraining order. The Board also moves for spoliation sanctions against Bannum. Because Bannum violated the clear terms of the protective restraining order, we GRANT the Board’s motion to adjudicate Bannum in civil contempt. Because it is not clear at this point that evidence has been lost or destroyed, however, we DENY without prejudice the Board’s motion for spoliation sanctions.

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