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Tuesday, April 20, 2010

Ind. Decisoins - 7th Circuit rules in labor case involving Indiana concrete construction business

In Sheehy Enterprizes v. NLRB (NLRB), a 12-page opinion, Judge Manion writes:

Without first reading the document he was signing, James Sheehy, the president of Sheehy Enterprizes, Inc., entered a collective bargaining agreement with the Laborers’ International Union of North America, State of Indiana District Council. Under the terms of that agreement, Sheehy Enterprizes became obliged to pay its employees union wages and make union benefit fund contributions on their behalf for all work it performed in Indiana and four counties in Kentucky. In 2007, when confronted by a union representative, Sheehy claimed that the company was not bound by the agreement, prompting the union to file an unfair labor practice charge with the National Labor Relations Board. The Board’s general counsel then filed a complaint against the company. An administrative law judge held a hearing and found that Sheehy Enterprizes had committed an unfair labor practice by repudiating the collective bargaining agreement, and the Board issued an order affirming that decision. The company petitions for review of the Board’s order, and the Board crosspetitions for enforcement of the same. For the reasons that follow, we deny the company’s petition for review and grant the Board’s cross-petition for enforcement.

Posted by Marcia Oddi on April 20, 2010 10:44 AM
Posted to Ind. (7th Cir.) Decisions