Rieth-Riley Construction Co., Inc. v. NLRB, et al
| RIETH-RILEY CONSTRUCTION CO., INC. |
| NATIONAL LABOR RELATIONS BOARD, WILLIAM B. COHEN, in his official capacity as the Acting General Counsel of the National Labor Relations Board, DAVID M. PROUTY, in his official capacity as Board Member of the National Labor Relations Board and RENEE DENISE MCKINNEY, in her official capacity as an Administrative Law Judge of the National Labor Relations Board |
| INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 324 |
| 26-1744 |
| August 24, 2026 |
| U.S. Court of Appeals, Sixth Circuit |
| Admin Proc Act/Review |
Docket Report
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This docket was last retrieved on August 25, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 APPEARANCE filed for Appellees David M. Prouty, NLRB, Renee Denise McKinney and Mr. William B. Cohen by Michael S. Dale. Certificate of Service: 08/25/2026. [26-1744] (MSD) [Entered: 08/25/2026 05:07 PM] |
| Filing 9 APPEARANCE filed for Appellees Mr. William B. Cohen, Renee Denise McKinney, NLRB and David M. Prouty by Phillip Melton. Certificate of Service: 08/25/2026. [26-1744] (PHM) [Entered: 08/25/2026 04:10 PM] |
| Filing 8 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. Brian James Paul for Appellant Rieth-Riley Construction Co., Inc.. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? No ; Please identify the party(ies) the appeal is being taken against: David M. Prouty, NLRB, Mr. William B. Cohen, International Union of Operating Engineers, Local 324 and Renee Denise McKinney ,Crystal Carey, in her official capacity as General Counsel of NLRB James Murphy, in his official capacity as Board Member of NLRB Scott Mayer, in his official capacity as Board Member of NLRB James Macy, in his official capacity as Board Member of NLRB ; Issues: Rieth-Riley Construction Company appeals the Decision and Order of Judge Robert Jonker of the Western District of Michigan dismissing Rieth-Riley's lawsuit against the National Labor Relations Board, its General Counsel, its Board Members, and one of its Administrative Law Judges, in which Operating Engineers Local 324 intervened. The NLRB has set a complaint for hearing before this ALJ, to be held within the agency. This proceeding violates Article II of the U.S. Constitution, because NLRB ALJs and NLRB Board Members have impermissible statutory protections from removal at will by the President. This proceeding further violates Article III of the U.S. Constitution, because the specific allegations at issue (failure to bargain with Local 324 regarding a wage increase for represented employees, and failure to provide Local 324 with requested information) are analogous to claims heard by English courts in 1789, and thus must be brought before an Article III court in the first instance. . Certificate of Service: 08/25/2026. [26-1744] (BJP) [Entered: 08/25/2026 03:57 PM] |
| Filing 7 TRANSCRIPT ORDER filed - no hearings held in District Court. Filed by Mr. Brian James Paul for Rieth-Riley Construction Co., Inc.. Certificate of Service: 08/25/2026. [26-1744] (BJP) [Entered: 08/25/2026 03:39 PM] |
| Filing 6 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Brian J. Paul ; Rieth-Riley Construction Co., Inc. makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? no 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? no Certificate of Service: 08/25/2026. [26-1744] (BJP) [Entered: 08/25/2026 03:38 PM] |
| Filing 5 APPEARANCE filed for Appellant Rieth-Riley Construction Co., Inc. by Stuart R. Buttrick. Certificate of Service: 08/25/2026. [26-1744] (SRB) [Entered: 08/25/2026 03:15 PM] |
| Filing 4 APPEARANCE filed for Appellant Rieth-Riley Construction Co., Inc. by Brian J. Paul. Certificate of Service: 08/25/2026. [26-1744] (BJP) [Entered: 08/25/2026 12:21 PM] |
| Filing 3 APPEARANCE filed for Appellant Rieth-Riley Construction Co., Inc. by Alexander E. Preller. Certificate of Service: 08/25/2026. [26-1744] (AP) [Entered: 08/25/2026 12:15 PM] |
| Filing 2 APPEARANCE filed for Appellee International Union of Operating Engineers, Local 324 by Maneesh Sharma. Certificate of Service: 08/25/2026. [26-1744] (MS) [Entered: 08/25/2026 10:55 AM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellant Rieth-Riley Construction Co., Inc.. Transcript needed: n. (ASM) [Entered: 08/24/2026 02:30 PM] |
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| Plaintiff: RIETH-RILEY CONSTRUCTION CO., INC. | |
| Represented By: | Alexander Preller |
| Represented By: | Stuart Robert Buttrick |
| Represented By: | Brian James Paul |
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| Defendant: NATIONAL LABOR RELATIONS BOARD | |
| Represented By: | Michael Samuel Dale |
| Represented By: | Phillip Henry Melton |
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| Defendant: WILLIAM B. COHEN, in his official capacity as the Acting General Counsel of the National Labor Relations Board | |
| Represented By: | Michael Samuel Dale |
| Represented By: | Phillip Henry Melton |
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| Defendant: DAVID M. PROUTY, in his official capacity as Board Member of the National Labor Relations Board | |
| Represented By: | Michael Samuel Dale |
| Represented By: | Phillip Henry Melton |
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| Defendant: RENEE DENISE MCKINNEY, in her official capacity as an Administrative Law Judge of the National Labor Relations Board | |
| Represented By: | Michael Samuel Dale |
| Represented By: | Phillip Henry Melton |
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| Intervenor: INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 324 | |
| Represented By: | Maneesh Sharma |
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