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Judges affirm dismissal for lack of subject matter jurisdiction

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The Indiana Court of Appeals has upheld the decision by a trial court to dismiss a company’s state law claims against a labor union, finding those claims are preempted by a decision of the National Labor Relations Board.

Engineered Steel Concepts, owned by Tom Anderson, negotiated with Steven Parks, a business agent for a union, to have union members drive trucks hauling a by-product of the steel-making process. Anderson had two agreement options: a Section 8(f) general construction agreement, applicable to employers who are primarily in the building and construction industry; and Section 9(a), a commodity hauling agreement. Anderson signed the Section 8(f) agreement under the belief that this was the best agreement since the work would be temporary.

After the by-product hauling project ended, the company told the union employees that no other work was available. The union filed a charge against ESC with the National Labor Relations Board claiming the employees were unjustly terminated. An administrative law judge found that the company couldn’t have entered into a Section 8(f) agreement and treated the agreement instead like the Section 9(a) agreement. Under Section 9(a), ESC couldn’t terminate the agreement at the end of the project. The ALJ found ESC violated several sections of the National Labor Relations Act.

Anderson and the company then alleged three counts against Parks and the union, including fraud in inducement of the contract. The trial court granted the union’s request to dismiss the complaint under Indiana Trial Rule 12(B)(1) for lack of subject matter jurisdiction.

The appellate judges found in Engineered Steel Concepts, Inc., ESC Group Limited, and Tom Anderson v. General Drivers, Warehousemen, and Helpers Union Local 142, International Brotherhood of Teamsters, and Steven Parks, that the National Labor Relations Act preempted the state claims. The three state law claims against Parks and the union are essentially based on the exchange between Anderson and Parks in deciding which agreement to use. These issues were before the ALJ for resolution of the NLRB complaint.

“As such, it would be impossible for a state court to determine the merits of Anderson and the Company’s allegations without becoming an obstacle to the federal objective of having the NLRB exclusively 'oversee and referee' the collectively bargaining process between these two entities,” wrote Judge Edward Najam.

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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