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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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