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Old 04-22-2011, 10:44 AM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,065,107 times
Reputation: 10356

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Quote:
Originally Posted by southbel View Post
This statement doesn't really make sense to me.

Quote:
Originally Posted by sanrene View Post
There is nothing preventing the NLRB from filing a complaint, which is what they've done. Winning with the administrative judge is something else.
If the NLRB was overstepping it's bounds, the lawsuit would be summarily dismissed due to lack of standing.

Legal Definition of Standing
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Old 04-22-2011, 10:47 AM
 
Location: Chandler, AZ
5,800 posts, read 6,567,236 times
Reputation: 3151
With idiotic lawsuits like this due to the existence of an indefensibly asinine law such as this one, Obama should keep his mouth shut and quit whining about outsourcing; since the existence of stupid laws such as this one are one of many reasons why outsourcing is rampant in this country.

Unions are legendary job-killers, and with Obama's plunging approval ratings for his handling of the economy being reported by liberal and conservative media outlets, he's on his way to being a one-term President.

Thank goodness!!!!!
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Old 04-22-2011, 11:31 AM
 
Location: Meggett, SC
11,011 posts, read 11,023,344 times
Reputation: 6192
Quote:
Originally Posted by Bosco55David View Post
If the NLRB was overstepping it's bounds, the lawsuit would be summarily dismissed due to lack of standing.

Legal Definition of Standing
This would be if the NLRB operated in our federal court system. However, they are an adminstrative body with regulatory power. Thus, they make the complaint, it goes to an administrative judge (NLRB judge), and then the full panel of the NLRB. Only after that does it go through the court system. Thus, my confusion with your statement and why I asserted it did not make sense. The NLRB is taking advantage of its regulatory body status and overstepping its bounds in the Boeing SC plant. Once it does indeed reach the court, it will be tossed out but that is many taxpayer dollars later.
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Old 04-22-2011, 12:26 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,065,107 times
Reputation: 10356
Quote:
Originally Posted by southbel View Post
This would be if the NLRB operated in our federal court system. However, they are an adminstrative body with regulatory power. Thus, they make the complaint, it goes to an administrative judge (NLRB judge), and then the full panel of the NLRB. Only after that does it go through the court system. Thus, my confusion with your statement and why I asserted it did not make sense. The NLRB is taking advantage of its regulatory body status and overstepping its bounds in the Boeing SC plant. Once it does indeed reach the court, it will be tossed out but that is many taxpayer dollars later.
So you disproved your own statement. The power to regulate and eventually bring a claim in federal court is within their bounds.
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Old 04-22-2011, 12:29 PM
 
Location: Chicagoland
41,325 posts, read 44,940,832 times
Reputation: 7118
Quote:
Originally Posted by Bosco55David View Post
If the NLRB was overstepping it's bounds, the lawsuit would be summarily dismissed due to lack of standing.

Legal Definition of Standing
They just filed...maybe the judge needs to take a look at it, hear the merits before dismissing anything...that's USUALLY what happens.

A court OR judge just doesn't get the paperwork or filing and decide right then and there to dismiss, he would usually get a brief or hear arguments before doing that.

Is it ANY wonder the business community, the job creators, the people who make this economy rev, think this poser president is anti-business?
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Old 04-22-2011, 12:35 PM
 
Location: Meggett, SC
11,011 posts, read 11,023,344 times
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Quote:
Originally Posted by Bosco55David View Post
So you disproved your own statement. The power to regulate and eventually bring a claim in federal court is within their bounds.
No, the ability to regulate is given to the NLRB by statute. The ability to appeal this claim to federal court is a remedy for the party accused by this regulatory body. Ultimately, the federal court can indeed determine that the NLRB has overstepped its bounds and will likely do so in this case. Simply put, the NLRB has overstepped in this case and will waste taxpayer dollars in the process. An ethical and neutral NLRB would not have brought this claim to begin with but this body has a history of playing politics and is doing so again in this case.

Last edited by southbel; 04-22-2011 at 12:36 PM.. Reason: typo
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Old 04-22-2011, 12:36 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,065,107 times
Reputation: 10356
Quote:
Originally Posted by sanrene View Post
They just filed...maybe the judge needs to take a look at it, hear the merits before dismissing anything...that's USUALLY what happens.
Boeing, not the judge, would object to the NLRB's standing. If they do (I doubt they will) that will be filed very soon.
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Old 04-22-2011, 12:41 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,065,107 times
Reputation: 10356
Quote:
Originally Posted by southbel View Post
Ultimately, the federal court can indeed determine that the NLRB has overstepped its bounds and will likely do so in this case.
Only if they dismiss the lawsuit for lack of standing.
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Old 04-22-2011, 12:43 PM
 
Location: Meggett, SC
11,011 posts, read 11,023,344 times
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Quote:
Originally Posted by Bosco55David View Post
Only if they dismiss the lawsuit for lack of standing.
Or they could simply rule against the NLRB. This would also set precedence for later decisions.
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Old 04-22-2011, 12:48 PM
 
Location: Del Rio, TN
39,868 posts, read 26,503,175 times
Reputation: 25768
I try to look at the bright side of things. This is an obvious effort on the part of the Obama admin to buy off union votes in WA state. Well, WA is about as left as it gets, he'd carry that state anyway. SC, not so much, and he certainly has taken a major step to alienate voters there.

If he keeps this up, he needs to learn how to say "Do you want fries with that?". Without a teleprompter...
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