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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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