Nat'l Labor Relations Bd. v. 15th Avenue Iron Works, Inc., 964 F.2d 1336 (2d Cir. 1992). · Go Syfert
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Nat'l Labor Relations Bd. v. 15th Avenue Iron Works, Inc., 964 F.2d 1336 (2d Cir. 1992). Cases Citing This Book View Copy Cite
31 citation events (14 in the last 25 years) across 16 distinct courts.
Strongest positive: ARP Hospitality Group LLC (njb, 2025-09-12)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) ARP Hospitality Group LLC
Bankr. D.N.J. · 2025 · confidence medium
Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir. 1992) (adopting the majority view of the first, fifth, sixth, seventh, and ninth circuit that the NLRB is a “governmental unit,” and unfair labor practice hearings and enforcement actions are not stayed under § 362(b)(4)).
discussed Cited as authority (rule) NM Solar Group Inc., a New Mexico Corporation
Bankr. D.N.M. · 2024 · confidence medium
Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir. 1992) (the automatic stay in a corporate chapter 7 did not apply to the NLRB’s unfair labor practice proceedings); In re Lenz Oil Service, Inc., 65 B.R. 292, 294 (Bankr.
discussed Cited as authority (rule) Ampersand Publishing, LLC v. National Labor Relations Board (2×)
D.D.C. · 2023 · confidence medium
Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir. 1992) (per curiam) (following the First, Fifth, Sixth, Seventh, and Ninth Circuits in holding “(1) that the NLRB is a ‘governmental unit,’ and (2) that NLRB unfair labor practice proceedings and enforcement proceedings are proceedings to enforce the NLRB’s police or regulatory powers” such that they are excepted from the stay by Section 362(b)(4)); accord NLRB v. Cont’l Hagen Corp., 932 F.2d 828, 832-34 (9th Cir. 1991); NLRB v. P*I*E Nationwide, Inc., 923 F.2d 506, 512 (7th Cir. 1991); Edward Cooper Painting, 804 F.2d at 941 & n.6; Ahr…
cited Cited as authority (rule) Express Grain Terminals, LLC
Bankr. N.D. Miss. · 2022 · confidence medium
Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir. 1992)).
cited Cited as authority (rule) Chrystal Jean Bennett
Bankr. D. Vt. · 2019 · confidence medium
Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir. 1992)) (emphasis in original). 10
discussed Cited as authority (rule) In re Wyly
Bankr. N.D. Tex. · 2015 · confidence medium
Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir.1992) (entry of a default judgment by the NLRB against the debtor fit within the exception, except for requirements in the NLRB order for payment to union funds); NLRB v. Edward Cooper Painting, Inc., 804 F.2d 934, 942 (6th Cir.1986) (entry of a money judgment by the NLRB against the debtor fit within the exception); CFTC v. Co Petro Mktg.
discussed Cited as authority (rule) Halo Wireless, Inc. v. Alenco Communications, Inc. (In Re Halo Wireless, Inc.)
5th Cir. · 2012 · confidence medium
Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir.1992) (per curiam) ("The ‘enforcement’ of the NLRB order that we command pursuant to 29 U.S.C. § 160 (e) allows the entry of this aspect of the NLRB’s order as, in effect, a 'money judgment' against 15th Avenue.
discussed Cited as authority (rule) Solis v. SCA Restaurant Corp.
E.D.N.Y · 2011 · confidence medium
Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir.1992) (per curiam) (NLRB unfair labor practice and enforcement proceedings exempt from stay under § 362(b)(4)); NLRB v. Cont’l Hagen Corp., 932 F.2d 828, 835 (9th Cir.1991) (NLRB action seeking back-pay and other relief exempt from stay); Pension Benefit Guar.
discussed Cited as authority (rule) In Re Pollock
Bankr. N.D.N.Y. · 2009 · confidence medium
Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir.1992) (per curiam); see In re Ngan Gung Rest., Inc., 183 B.R. at 694 (allowing entry of money judgment in case involving ordered payment of back wages); see also NLRB v. P*I*E Nationwide, Inc., 923 F.2d 506, 512 (7th Cir.1991) (“The [NLRB] does not run afoul of [the predecessor to section 362(b)(4) ] by attempting to reduce a claim to judgment: the [NLRB] is merely seeking entry of judgment and is not trying to seize [defendant’s] property.”).
discussed Cited as authority (rule) Delta Air Lines, Inc. v. Bibb (In Re Delta Air Lines)
Bankr. S.D.N.Y. · 2006 · confidence medium
Suffolk County Treasurer v. Barr, 493 U.S. 1058 , 110 S.Ct. 869 , 107 L.Ed.2d 953 (1990); United States v. Consumer Health Services of America, Inc., 108 F.3d 390, 394 (D.C.Cir.1997) (“[T]he government as a contracting party is generally subject to the automatic stay”); NextWave Personal Communications, Inc. v. FCC (In re Nex-tWave Personal Communications, Inc.), 235 B.R. 263, 269 (Bankr.S.D.N.Y.1998) (“[A]s recognized by the FCC ..., the FCC in its capacity as a creditor is subject to the Bankruptcy Code including the automatic stay”) (emphasis in. original), affd, NextWave Personal C…
discussed Cited as authority (rule) United States Ex Rel. Fullington v. Parkway Hospital, Inc.
E.D.N.Y · 2006 · confidence medium
Brennan, 230 F.3d at 72 (noting that " '[t]he collection of [a money] judgment after entry ... is not authorized ... and requires a separate application to the bankruptcy court.’ ”) (quoting NLRB v. 15th Avenue Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir.1992)); see also Jane Doe 1, 246 B.R. at 821 (noting that suit could proceed under § 362(b)(4) exception up to and including entry of judgment, but could not seek enforcement of such judgment). 8 .
discussed Cited as authority (rule) Securities & Exchange Commission v. Bilzerian
D.D.C. · 2001 · confidence medium
Iron Works, Inc. 964 F.2d 1336, 1337 (2d Cir.1992); however, “anything beyond the mere entry of a money judgment against a debtor is prohibited by the automatic stay.” SBC v. Brennan, 230 F.3d 65, 71 (2d Cir.2000).
examined Cited as authority (rule) Securities and Exchange Commission v. Robert E. Brennan (6×)
2d Cir. · 2000 · confidence medium
Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir.1992); NLRB v. Continental Hagen Corp., 932 F.2d 828, 832-35 (9th Cir.1991); NLRB v. Edward Cooper Painting, Inc., 804 F.2d 934, 942-43 (6th Cir.1986); EEOC v. Rath Packing Co., 787 F.2d 318 , 326-27 (8th Cir.1986); Penn Terra, 733 F.2d at 275; see also H.R.Rep.
discussed Cited as authority (rule) Ngan Gung Restaurant, Inc. v. New York (In Re Ngan Gung Restaurant, Inc.)
Bankr. S.D.N.Y. · 1995 · confidence medium
Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir.1992) (per curiam) (actions to redress unfair labor practices excepted from stay by § 362(b)(4)); PBGC v. LTV Corp., 875 F.2d 1008, 1010 (2d Cir.1989) (Pension Benefit Guaranty Corporation’s decision to restore full liability for pension benefit plans to debtor excepted from stay because action protects pension rights of debtor-in-possession’s employees under Employee Retirement Income Security Act), rev’d on other grounds and remanded, 496 U.S. 633 , 110 S.Ct. 2668 , 110 L.Ed.2d 579 (1990).
cited Cited as authority (rule) National Labor Relations Board v. E.D.P. Medical Computer Systems, Inc.
2d Cir. · 1993 · confidence medium
Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir.1992) (per curiam); N.L.R.B. v. Continental Hagen Corp., 932 F.2d 828, 832-34 (9th Cir.1991).
cited Cited as authority (rule) National Labor Relations Board v. E.D.P. Medical Computer Systems, Inc.
2d Cir. · 1993 · confidence medium
Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir.1992) (per curiam); N.L.R.B. v. Continental Hagen Corp., 932 F.2d 828, 832-34 (9th Cir.1991).
discussed Cited "see" In Re NextWave Personal Communications Inc.
Bankr. S.D.N.Y. · 2000 · signal: see · confidence high
See NLRB v. 15th Avenue Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir.1992).” 13 • “Because the FCC provided certain confidential information to WG & M, WG & M should also be disqualified from defending NextWave against any motion by the FCC to lift the automatic stay for the purposes of revoking NextWave’s C block licenses.”' 14 • “Mr. Alter: The motion that is being made by the Federal Communications Commission is not by any means to bar this debtor from getting relief in bankruptcy.
discussed Cited "see" NextWave Personal Communications, Inc. v. Federal Communications Commission (In Re NextWave Personal Communications, Inc.)
Bankr. S.D.N.Y. · 1998 · signal: see · confidence high
See NLRB v. 15th Avenue Iron Works, Inc., 964 F.2d 1336, 1337 (2d Cir.1992); Matter of Fugazy Exp., Inc., 114 B.R. 865 (Bankr.S.D.N.Y.1990), aff' d, 124 B.R. 426 (S.D.N.Y.1991), appeal dismissed, 982 F.2d 769 (2nd Cir.1992), motion to vacate denied, 159 B.R. 432 (Bankr.S.D.N.Y.1993), leave to appeal denied, 163 B.R. 434 (S.D.N.Y.1994).
Retrieving the full opinion text from the archive…
NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
15TH AVENUE IRON WORKS, INC., Respondent
Docket 92-4012.
Court of Appeals for the Second Circuit.
Jun 1, 1992.
964 F.2d 1336
Aileen A. Armstrong, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., for petitioner., Edward J. Quinlan, New York City, sent a letter, for respondent.
Pratt, Mahoney, McLaughlin.
Cited by 25 opinions  |  Published
[*1337] PER CURIAM:

The National Labor Relations Board (NLRB) moves for entry of a default judgment against respondent 15th Avenue Iron Works, Inc. (15th Avenue), enforcing the NLRB’s order in Case No. 29-CA-13601. For the following reasons, the NLRB’s motion is granted.

On January 28, 1992, the NLRB filed a petition for enforcement of its order against 15th Avenue. On February 3, 1992, 15th Avenue’s counsel informed this court by letter that his client had filed a chapter 7 bankruptcy petition, and had gone out of business shortly thereafter. On February 27, 1992, since 15th Avenue had not filed an answer within the twenty days allowed by Fed.R.App.P. 15(b), the NLRB moved for judgment by default.

While counsel for 15th Avenue has not entered an appearance in this case, nevertheless, in his February 3 letter to this court’s staff counsel, he indicated his belief that the motion for default judgment could not be acted upon by this court in light of the automatic stay provisions of the bankruptcy code. See 11 U.S.C. § 362(a).

A petition filed under §§ 301, 302, or 303 of the bankruptcy code generally operates as an automatic stay of

the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under th[e bankruptcy code] * * *.

11 U.S.C. § 362(a)(1). However, the filing of such a petition does not operate as a stay “of the commencement or continuation of an action or proceeding by a governmental unit to enforce such governmental unit’s police or regulatory power”. 11 U.S.C. § 362(b)(4).

Although this circuit has not previously addressed the issue, we agree with the first, fifth, sixth, seventh and ninth circuits, each of which has concluded (1) that the NLRB is a “governmental unit”, and (2) that NLRB unfair labor practice proceedings and enforcement proceedings are proceedings to enforce the NLRB’s police or regulatory powers. See NLRB v. Continental Hagen Corp., 932 F.2d 828, 832-35 (9th Cir.1991); NLRB v. P*I*E Nationwide, Inc., 923 F.2d 506, 511-12 (7th Cir.1991); NLRB v. Edward Cooper Painting, Inc., 804 F.2d 934, 939-41 (6th Cir.1986); Ahrens Aircraft, Inc. v. NLRB, 703 F.2d 23, 24 (1st Cir.1983) (per curiam); NLRB v. Evans Plumbing Co., 639 F.2d 291, 292-93 (5th Cir.1981) (per curiam).

We note that the NLRB’s order includes a requirement that 15th Avenue make payments to various union funds “[f]or certain periods after December 30, 1987.” The “enforcement” of the NLRB order that we command pursuant to 29 U.S.C. § 160(e) allows the entry of this aspect of the NLRB’s order as, in effect, a “money judgment” against 15th Avenue. See 11 U.S.C. § 362(b)(5); Penn Terra Ltd. v. Department of Envtl. Resources, 733 F.2d 267, 275 (3d Cir.1984). The collection of that judgment after entry, on the other hand, is not authorized by this “enforcement” proceeding, and requires a separate application to the bankruptcy court. See Continental Hagen, 932 F.2d at 832; P*I*E Nationwide, 923 F.2d at 512; Cooper Painting, 804 F.2d at 942-43; Penn Terra, 733 F.2d at 275; cf. Evans Plumbing, 639 F.2d at 293 (reserving the question).

Since the automatic stay provisions of the bankruptcy code do not apply to this proceeding, the NLRB’s motion for judgment by default is granted, and the NLRB’s . order in case number 29-CA-. 13601 is enforced by separate order being filed concurrently with this opinion.