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SHARES, INC. v. N.L.R.B.

No. 05-1289, 05-1557.

433 F.3d 939 (2006)

SHARES, INC. and WAP, LLC, Petitioners, Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, and International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, UAW, Intervenor.

United States Court of Appeals, Seventh Circuit.

Decided January 9, 2006.

Attorney(s) appearing for the Case

J. Lee McNeely (argued), Stephen E. Schrupmf, McNeely, Stephenson, Thopy & Harrold, Shelbyville, IN, for Petitioner, Shares Inc.

Rik Lineback, National Labor Relations Board, Indianapolis, IN, for Petitioner, NLRB.

Michael T. Beck, National Labor Relations Board, Indianapolis, IN, Aileen Armstrong, Jason Walta (argued), National Labor Relations Board, Washington, D.C., for Respondent.

Nora L. Macey (argued), Macey Swanson & Allman, Indianapolis, IN, Phillip L. Gilliam, Detroit, MI, for Intervenor.

Before CUDAHY, POSNER, and EASTERBROOK, Circuit Judges.

CUDAHY, Circuit Judge.

Shares, Inc. (Shares) is a nonprofit corporation that trains and employs disabled individuals who perform primarily industrial tasks for customers. Wellman Automotive Parts (Wellman) retained Shares' services to package the glow plugs1 that it manufactured for diesel engines. When Wellman entered bankruptcy in 2003, Shares decided to move to the manufacturing side of the glow plug business. Toward

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