NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TWIN CITIES ELECTRIC; Big G Electric & Engineering, Inc., Respondents.
No. 89-70489.
United States Court of Appeals, Ninth Circuit.
Submitted to Motions Panel June 25, 1990.
Decided July 2, 1990.
Before CANBY, WIGGINS and TROTT, Circuit Judges.
[MAJORITY]
ORDER
The court is informed that respondent Twin Cities Electric has petitioned for relief under Chapter 7 of the Bankruptcy Code. Twin Cities Electric asserts that continuation of this enforcement action is automatically stayed as to it pursuant to 11 U.S.C. § 362(a). However, the filing of a bankruptcy petition does not bar or stay an enforcement proceeding instituted by the National Labor Relations Board. See 11 U.S.C. § 362(b)(4), (5) (West 1979); NLRB v. Evans Plumbing Co., 639 F.2d 291, 293 (5th Cir.1981). Accordingly, this appeal is ready for calendaring.