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HEARTLAND HUMAN SERVICES v. N.L.R.B.

Nos. 13-1954, 13-2079.

746 F.3d 802 (2014)

HEARTLAND HUMAN SERVICES, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, and American Federation of State, County & Municipal Employees, Council 31, AFL-CIO, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided March 14, 2014.

Attorney(s) appearing for the Case

Linda Dreeben , Jill A. Griffin , David Habenstreit , Barbara A. Sheehy , Attorneys, National Labor Relations Board, Office of the General Counsel, Washington, DC, Daniel L. Hubbel , National Labor Relations Board, St. Louis, MO, for Respondent/Cross-Petitioner.

John L. Gilbert , Attorney, Sandberg, Phoenix & Von Gontard, Edwardsville, IL, Joshua G. Vincent , Attorney, Hinshaw & Culbertson, Chicago, IL, James H. Wyman , Attorney, Hinshaw & Culbertson LLP, Coral Gables, FL, for Petitioner/Cross-Respondent.

Melissa J. Auerbach , Attorney, Cornfield & Feldman, Chicago, IL, for Intervening Respondent.

Before POSNER and RIPPLE, Circuit Judges, and GILBERT, District Judge.

POSNER, Circuit Judge.

The Labor Board asks us to enforce its order finding that Heartland Human Services, a company that provides mental-health and substance-abuse services, committed an unfair labor practice by refusing, in the wake of a decertification election, to continue recognizing a union that represented a bargaining unit of Heartland employees. See 29 U.S.C. § 158(a)(1), (5). (Until enforced by judicial order, an unfair labor practice order has no legal...

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