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Court: 2-member board could affirm ruling

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The 7th Circuit Court of Appeals affirmed a decision by the National Labor Relations Board that a northern Indiana steel company must recognize a collective bargaining agreement between the union and the company.

In New Process Steel, L.P., v. National Labor Relations Board, Nos. 08-3517, 08-3518, 08-3709, and 08-3859, the 7th Circuit consolidated the separate appeals by New Process Steel and the National Labor Relations Board following the board's conclusion New Process and International Association of Machinists and Aerospace Workers, AFL-CIO, had enacted a valid collective bargaining agreement.

Union members had to vote on a new collective bargaining agreement with New Process. The parties mentioned the agreement needing to be ratified, but New Process never specified what that process should entail. Based on union bylaws, if a majority of employees didn't vote to approve the contract, the union would then take a vote to strike, in which a two-thirds vote was needed. If employees didn't vote to strike, then the union would accept the contract. That happened in this case, so union representatives told New Process they had an agreement and the collective bargaining agreement was executed.

New Process then decided it wanted to resume negotiations because of complaints it received regarding how the first agreement was accepted. The company also announced it was withdrawing its recognition from the union after receiving a decertification petition.

An administrative law judge found the company had to accept the union contract. The National Labor Relations Board affirmed and also ordered the company to deal with the union as the bargaining representative of the employees.

A key issue in the appeal is whether the board was able to affirm the decision of the ALJ because only two members of the five-member board voted. Statute allows a smaller, three-member panel to have authority to rule on issues, and also allows for two members to constitute a quorum if the third person is unavailable. Due to the expiration of term limits and board vacancies, the vote was made only by the two-person quorum.

The issue of whether the NLRB can proceed with the two-person quorum is pending in several circuits at this time, wrote Judge Joel Flaum. The plain meaning of the statute supports the board's delegation procedure and it had authority to hear the labor dispute in this case and to issue orders regarding the unfair labor practices claim and New Process' withdrawal of recognition of the union, wrote the judge.

The 7th Circuit affirmed the validity of the collective bargaining agreement. New Process argued the agreement was never ratified as they requested; however, the company never specified what ratification meant and the method to be used. The board's conclusion that New Process can't refuse to recognize the contract because the union didn't follow the company's definition of ratification has a reasonable basis in law. New Process can't insist on any particular method of ratification.

The appellate judges also dismissed New Process' argument that because they believed ratification meant one thing and the union believed it meant another method, there was no "meeting of the minds" and thus, no contract. But because the parties didn't negotiate the meaning of ratification or the method to use, the union was free to decide what method to employ.

Lastly, the 7th Circuit affirmed the board's order forcing New Process to recognize the union as the valid collective bargaining representative for the plant employees. Because the agreement was valid, the company couldn't withdraw recognition from the union.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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