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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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