153925P.pdf   03/06/2017  NLRB  v.  Chipotle Services, LLC
   U.S. Court of Appeals Case No:  15-3925
   National Labor Relations Board   
   [PUBLISHED] [Riley, Author, with Murphy and Smith, Circuit Judges] 
   Petition for Review - National Labor Relations Board. Where Chipotle 
   failed to raise an argument before the Board or otherwise contest the 
   ALJ's application of the Wright Line standard for resolving conflicting 
   accounts of the employer's motive in discharging an employee, the court 
   was without jurisdiction to consider the argument in the absence of 
   extraordinary circumstances; even if this court were to adopt the 
   reasoning of two other circuits that the futility of raising an argument 
   before the Board can excuse the failure to raise the objection, the court 
   would not find extraordinary circumstances in this case because the Board 
   had not unambiguously rejected the argument in question.