By Matt Tomsic
Published June 10, 2011
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.