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Price of postage is not enough for 7th Circuit to review NLRB's ruling

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The cost of a postage stamp was not enough for Beck objectors to request a refund from their unions, the 7th Circuit Court of Appeals has ruled.  

In Douglas Richards, et al. v. National Labor Relations Board and United Steel, et al., 12-1973 & 12-1984, the 7th Circuit dismissed the petitions for review on the grounds that the petitioners did not suffer any injury because of the NLRB’s actions and, therefore they lacked standing to bring the appeal.

The case originated with Douglas Richards, an Indiana resident who worked at Cequent Towing Products in Goshen. He filed an unfair labor practice charge against the United Steel Workers, arguing that the union created an undue burden by requiring employees to annually file Beck objections which excused them from having to pay the fees unrelated to collective bargaining, contract administration or grievance adjustment.

Other union members, Ronald R. Echegaray and David Yost, from Pennsylvania and West Virginia, respectively, joined the suit. Through the NLRB General Counsel, the petitioners urged an end to the annual renewal policies and asked for refunds for all employees who had once objected in the past but failed to renew.
 
In August 2011, the NLRB ruled that the annual renewal policies violated the unions’ duty of fair representations and ordered the annual renewal policies no longer be enforced. It did not, however, address the request for refunds.

The petitioners filed motions for reconsideration. In April 2012, the board denied the motions, ruling that retroactive refunds were inappropriate because the unions had not necessarily been on notice that their annual renewal policies were unlawful.

The charging parties then filed petitions for review with the 7th Circuit.

The court found the petitioners did not suffer any injury-in-fact from the NLRB decisions. They either renewed their objections each year or were not required to renew. When the board ordered the unions to no longer enforce their annual renewal policies, that burden was lifted and the threat was removed.

The petitioners argued that Echegaray and Yost were “aggrieved” because the NLRB failed to order reimbursement for the postage costs that they incurred when they annually mailed their objections.

However, the 7th Circuit maintained it could not rule whether the board abused its discretion in denying relief because the petitioners never made any meaningful request for postage reimbursement. Consequently, the NLRB never had an opportunity to consider a request for that relief.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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