United States Seventh Circuit

Petition for review of the National Labor Relations Board's order affirming ALJ's holding that the company had committed an unfair labor practice by repudiating the collective bargaining agreement (CBA) is denied where: 1) substantial evidence in the record supports the ALJ's finding that the company committed an unfair labor practice by unilaterally repudiating the 2004 CBA; 2) company waived its affirmative defense that the section 10(b) statute of limitations bars the Board's complaint and the ALJ's rejection of the company's common law waiver argument is supported by substantial evidence; and 3) the company's argument that the Board should have deferred from hearing this dispute in favor of arbitration cannot be considered as it failed to present the argument to the Board.

Appellate Information

• Argued 01/21/2010
• Decided 04/20/2010
• Published 04/20/2010

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Bruce F. Mills, Attorney, Indianapolis, IN, for Petitioner, Cross-Respondent., Linda J. Dreeben, Attorney, Richard A. Cohen, Attorney, National Labor Relations Board, Office of the General Counsel, Washington, DC, Rik Lineback, Attorney, National Labor Relations Board, Indianapolis, IN, for Respondent, Cross-Petitioner., Neil E. Gath, Attorney, Fillenwarth, Dennerline, Groth & Towe, LLP, Indianapolis, IN, for Intervening-Respondent.