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Sheehy Enterprizes, Inc. v. National Labor Relations Board

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ARGUED JANUARY 21, 2010

Before EASTERBROOK, Chief Judge, and CUDAHY and MANION, Circuit Judges.

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 cross-petitions 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.

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