Company’s Challenge to NLRB Ruling Spoiled by Exhaustion Issue

A Michigan company that runs a prisoner reentry program lost its federal appeals court challenge to a National Labor Relations Board ruling after the firm failed to press its argument before the board at an earlier stage of litigation.

Bannum Place of Saginaw LLC claimed that it was exempt from the NLRB’s authority because it jointly employed its staff with the Federal Bureau of Prisons. The company presented its joint-employer argument before a regional NLRB official during separate union representation proceedings, but didn’t ask the board to consider the official’s decision turning aside the argument, the US Court of Appeals ...