NLRB judge rules against Boeing employees’ motion to intervene

By Matt Tomsic
mtomsic@scbiznews.com
Published June 10, 2011

An administrative law judge for the National Labor Relations Board on Wednesday blocked three Boeing South Carolina employees from intervening in the NLRB’s case against Boeing.

Administrative Law Judge Clifford H. Anderson cited case law to establish that the North Charleston employees — Dennis Murray, Cynthia Ramaker and Meredith Going — don’t have a legal interest in the NLRB case against Boeing.

Boeing and the other parties to the case are well-represented and devoting sufficient time and resources to the case, the judge wrote.

“The adversary system of jurisprudence will work in this case without additional parties,” Anderson wrote in his ruling.

The judge also wrote that the case would be delayed if the three employees were included. The parties will have to agree to procedures on the handling of any proprietary and confidential documents, and adding parties to the mix “would be a seriously complicating event.”

The employees filed the motion to intervene in the labor dispute on June 2. The motion was announced by the National Right to Work Legal Defense Foundation, a Washington, D.C., organization.

Murray led the effort to decertify the International Association of Machinists and Aerospace Workers from the Charleston plant; Ramaker was a former president with the local union; and Going was previously a member of the machinists union, according to legal filings.

The NLRB and the machinists union both responded in opposition to the motion. NLRB general counsel Lafe Solomon said the intervention would delay and complicate the trial; the union said that the three employees don’t have direct interest in the case and that the NLRB’s policies don’t support intervention by second parties who might be negatively affected by the board’s remedying of unfair labor practices of others.

Boeing supported the case, saying the trio have interest in the case because they could lose their jobs, depending on the case’s outcome.

The labor dispute has received increased attention as the case’s first hearing — set for Tuesday — nears.

Tom Wroblewski, president of District Lodge 751 of the machinists union — which represents California, Washington, Oregon and Idaho — wrote North Charleston employees a letter Wednesday saying politicians are using the complaint to “fit their broader anti-union or anti-Obama agendas.” He also wrote that the NLRB is not trying to shut down the North Charleston plant.

On Thursday, S.C. Attorney General Alan Wilson and Texas Attorney General Greg Abbott wrote an amicus brief for 16 states that oppose the NLRB’s complaint against Boeing.

Reach Matt Tomsic at 843-849-3144.

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Comments:

Added: 13 Jun 2011

The NLRB should remain to be the agency responsible for the ruling on the laws regarding the Unions and Contracts with Company's. The NLRB ruling should be in forced and protected not interfered with By anti Union states and their elected officials. This is another way for the anti Union bodies to attack the Blue collar workers wrights and if they allowed to the US economy will take another blow that will drive Americans blow the 3rd world nations and the CEOs will be the be the ones profiting from this travesty. We are waking UP and its like when Japan struck Hawaii and our votes this election will hopefully be under stood not like the last one that the republicans thought they herd to object to anything the other side proposed .

Henry Scott


Added: 13 Jun 2011

Go away union. Work for the market rate that Boeing if offering or go find another job. Make them face concessions that make no business case, and your jobs are off to overseas markets. A quick course in economics 101 would help a lot of these misguyided pro-union souls how dangerous their position is. We live in a free market economy - let the market drive wages, prices, company profitability, etc. This in not (yet) a socialist country.

Chris


Added: 13 Jun 2011

How much is enough? When will commonsense return to this Country? Will we realize how far we've gone when all decent paying jobs are sent off-shore? I'm a small business owner and it's absolutely frightening to know that a business YOU started--- with YOUR money---YOUR hard work--not the NLRB--can be held hostage or dictate to you and your company where you can or cannot locate in this Country. Perhaps, there will be many valuable lessons learned when these great paying jobs leave OUR COUNTRY. Perhaps, these GREEDY Union employees will find jobs with the NLRB---or come to appreciate their blessings-- like the 14 million under/unemployed in America.

tjhollow