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SPURLINO MATERIALS, LLC v. N.L.R.B.

Nos. 10-2875, 10-3049.

645 F.3d 870 (2011)

SPURLINO MATERIALS, LLC, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, and Coal, Ice, Building Material, Supply Drivers, Riggers, Heavy Haulers, Warehousemen and Helpers Local Union No. 716, A/W International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Intervening Respondent, Cross-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided June 23, 2011.

Attorney(s) appearing for the Case

Robert J. Brown, Thompson Hine, Dayton, OH, for Petitioner, Cross-Respondent.

Julie B. Broido, Linda Dreeben, Elizabeth A. Heaney, National Labor Relations Board, Office of the General Counsel, Washington, DC, Rik Lineback, National Labor Relations Board, Indianapolis, IN, for Respondent, Cross-Petitioner.

Geoffrey S. Lohman, Fillenwarth, Dennerline, Groth & Towe, LLP, Indianapolis, IN, for Intervening Respondent, Cross-Petitioner.

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

CUDAHY, Circuit Judge.

Here, the National Labor Relations Board (Board) applies for enforcement of its order against cross-petitioner Spurlino Materials, LLC (Spurlino),1 which found Spurlino to have engaged in a variety of unfair labor practices and imposed remedial measures. The relevant Union intervenes on behalf of the NLRB. Spurlino's petition consists mainly of a reprise of factual arguments that did not persuade the Board. Consistent...

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