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SCOTUS accepts Indiana steel plant case

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The nation's highest court has agreed to take on a labor dispute issue involving a northern Indiana steel plant. The high court will consider whether the National Labor Relations Act allows the governing board to act when only two of its five positions are present to vote on labor disputes.

At its private conference late last week, justices granted certiorari in the case of New Process Steel, L.P. v. National Labor Relations Board, No. 08-1457, which comes from the 7th Circuit Court of Appeals in Chicago following a National Labor Relations Board ruling.

In its May 1 ruling, the 7th Circuit affirmed the national board's decision that a steel company in Butler must recognize a collective-bargaining agreement between the company and the International Association of Machinists and Aerospace Workers, AFL-CIO.

After a voting dispute about the agreement, an administrative law judge found the company had to accept the union contract; the National Labor Relations Board agreed. But a key issue arose because the NLRB had only two of five board seats filled to vote on the issue at the time. Statute allows a smaller, three-member panel to have authority to rule on issues and allows for two members to constitute a quorum if the third person isn't available. That's what happened in this case.

Deciding the two-person vote was legitimate, the 7th Circuit noted that the issue is one pending in several Circuits throughout the country. 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, authoring Judge Joel Flaum wrote.

In a petition for writ of certiorari, attorneys for New Process Steel asked the justices to accept transfer and side with a decision from the D.C. Circuit Court of Appeals in Laurel Baye Healthcare of Lake Lanier v. NLRB, No. 08-1162, which held the national act explicitly requires the board to have three members "at all times" in order to function.

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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