Sheehy Enterprizes, Inc. (2009)

Sheehy Enterprizes, Inc. and Laborers’ International Union of North America, State of Indiana District Council, a/w Laborers’ International Union of North America. Case 25–CA–30583

January 30, 2009

DECISION AND ORDER

By Chairman Liebman and Member Schaumber

On September 3, 2008, Administrative Law Judge Joel P. Biblowitz issued the attached decision. The Respondent filed exceptions and a supporting brief, and the General Counsel filed limited cross-exceptions and a supporting brief.1 The General Counsel, the Union, and the Respondent each filed answering briefs, and the Respondent filed a reply brief.2

The National Labor Relations Board3 has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge’s rulings, findings, and conclusions as discussed below, and to adopt the recommended Order as modified.4

The judge found that the Respondent violated Section 8(a)(5) and (1) by refusing to adhere to, and repudiating, the collective-bargaining agreement to which it agreed to be bound on May 21, 2004. In so finding, the judge determined that the terms of the “Acceptance of Working Agreement” and the collective-bargaining agreement executed by the Respondent’s owner, James Sheehy, were clear and unambiguous, and covered all of the Respondent’s employees and work within the Union’s jurisdiction. The judge thus refused to consider parol evidence, in the form of Sheehy’s hearing testimony, to determine the scope of the agreement.

The Respondent excepts to...

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