A12 Supreme Court
Panel issued judgments with only two of its five seats filled
by Peter Whoriskey and Sonja Ryst
Hundreds of recent federal rul- ings in disputes between unions and employers could be re- opened after the Supreme Court said on Thursday that it was ille- gal for the National Labor Rela- tions Board to decide the cases with only two sitting members. The case before the court turns
on an attempt by the NLRB to op- erate with only two of its five seats filled because of gridlock over presidential nominees, and it highlights the way political di- visions in Congress interferewith basic government functions. Before the board’s member- ship shrunk to two after stalled appointments by President Bush and then President Obama, members recognized that they would soon be shorthanded. They voted to delegate authority to the reduced board in order to keep moving the cases, which in- volve a variety of disputes be- tween employees and employers over wages, working conditions, union organizing and contracts. But in the 5-4 court decision, the majority called the board’s at- tempt to keep functioning a “Rube Goldberg-style delegation mechanism . . . surely a bizarre way for the Board to achieve the authority to decide cases.” The opinion was written by Justice John Paul Stevens, one of the court’s most liberal members, who was joined by its most con- servative voices, Chief Justice John G. Roberts Jr. and justices Antonin Scalia, Samuel A. Alito Jr. and Clarence Thomas. Now thrown into doubt are the approximately 600 cases decided during the 27 months when the board had only two members. Whether or not the two-mem- ber board had the authority to rule is the basis for legal chal- lenges in five other NLRB cases pending before the Supreme Court and 69 pending before ap- peals courts. The NLRB, which will probably have to reconsider those 74 cases, is planning how to handle the others. “What happened here is em-
blematic of the politics of the last three years,” said the board’s cur- rent chairman, Wilma B. Lieb- man, a Democrat. “We thought we were doing the right thing to keep the agency running.” She said the board will abide by the ruling. The board now has four members — three Demo- crats and one Republican — after Obama made two recess appoint- ments in March. For months, Liebman and board member Peter C. Schaum- ber, a Republican, ruled on hun- dreds of cases on which they could agree. Liebman said they were trying to bring finality to the people involved. But the bipartisan duo set aside about 60 cases in which they were deadlocked. They also set aside another 60 cases that they thought would set legal precedent. The delays in Congress’s ap-
proval of board nominees are “unfortunate for the institution, the process and the parties,” Liebman said. “In many cases, it involves people’s lives and liveli- hoods.” Labor groups lamented the Su- preme Court ruling as another successful delay tactic by compa- nies seeking to thwart unions. “As has become the norm,
workers are once again penalized by corporate stall tactics,” the AFL-CIO general counsel Lynn Rhinehart said in a statement. “We regret that as a result of the Court’s decision, workers in these cases will have to wait longer still for justice.”
But business groups said they
favor having a working board, too.
“People in the business com-
munity aren’t opposed to having a functioning NLRB,” said Katie Packer, executive director of the Workforce Fairness Institute. She said businesses want to have an agency that can go after “the bad actor” with regard to labor, but they’re opposed to big labor us- ing the stalemate at the NLRB to its advantage. The case in question involved a steel-processing plant in Indiana where a dispute developed be- tween the company and the International Association of Ma- chinists over whether a contract was binding. Liebman and Schaumber ordered the com- pany, New Process Steel, to recog- nize the contract. “The decision was handed down by two people who said
SPECIAL 60% OFF SPECIAL
Special 159.99-179.99. Reg. $400-$460. After special 199.99-229.99. Only at Macy’s. All 24-pc. bed ensembles.Queenor king. Shown : Martha Stewart Collection Water Garden.
6.99
LAUREN BY RALPH LAUREN Reg. $20. After special 9.99. Logo pillow. Standard/queen.
SPECIAL
59.99 QUEEN OR KING Reg. $170-$185. After special 79.99-89.99.
Only at Macy’s. 620-thread count cotton sheet set by Walden Collection.
SPECIAL
R
KLMNO
FRIDAY, JUNE 18, 2010 Labor board’s decisions were illegal, Supreme Court rules
on
washingtonpost.com Stay updated on Kagan’s nomination
For the latest news and updates on the coming nomination hearings, go to
washingtonpost.com/supremecourt.
they were compromising in their decisions in order to keep the doors open at the NLRB,” said Austin attorney Sheldon E. Ri- chie, the attorney for New Proc- ess Steel. “That is just not good
LOWEST PRICE QUEEN
57.99
OR KING SET Reg. $200-$240, previous sale 99.99. Only at Macy’s. All 7-pc. jacquard and embroidered comforter sets. Shown: Michelle.
due process. The reason we have odd numbers on a court is that you can have a chance for a vigor- ous debate.” The board worked with only two members for more than two
years because Democrats blocked President Bush’s nominees on complaints that they were biased in favor of business. Then Repub- licans blocked President Obama’s nominees, complaining that they were biased in favor of union in- terests.
Among the board decisions
likely to be revisited is one in- volving the employees at a nurs- ing home and long-term care fa- cility in St. Petersburg, Fla.,
called Shore Acres. They voted to join the United Food and Com- mercial Workers International Union in December 2007. Their employer filed 13 objections with the NLRB and lost. Instead of negotiating with the
workers as a union, Shore Acres appealed the NLRB’s decision and lost again in March 2008. The company then went to the U.S. Court of Appeals in June 2009 and lost.
After Thursday’s ruling in the Supreme Court, the NLRB might have to review the Shore Acres case all over again. “Justice is again delayed and
denied,” said Kimberly Freeman Brown, executive director of American Rights at Work, a union advocacy group based in the District. “That’s the impact of the Supreme Court decision.”
whoriskeyp@washpost.com rysts @
washpost.com
LOWEST PRICE 34.99
TWINSHEET SET Reg. $70, previous sale 44.99. Only at Macy’s. Charter Club 500-thread count pima cotton set in damask stripes or solid colors. Full-king. Reg. $120-$185, previously 74.99-119.99, lowest prices 64.99-104.99. Comfort covers, extra-deep sizes and accessories also on sale.
LOWEST PRICE
37.99 ANY SIZE SET Reg. $100, previous sale 49.99. Only at Macy’s. All Fairfield Square Collection
print or solid color 8-pc. bed ensembles. Comforter, bedskirt, 2 standard shams and sheet set. Shown: Kali.
BIGGEST LOWEST PRICE
34.99 ANY SIZE 3-PC. SET Reg. $110-$130, previous sale 54.99-64.99. Only at Macy’s. All season down-
alternative comforter&2 pillows. Machine washable. Twin-king.
ONE LOWEST PRICE
8.99 TWINSHEET SET Reg. $40, previous sale 21.99.
Only at Macy’s. Basics 200-thread count set in prints or solid colors. Other sizes also available.
LOWEST PRICE
8.99 CALVINKLEIN Reg. $30, previous sale 14.99.
Signature gusseted pillow. 230-thread count cotton cover. Standard/queen. Mediumto extra-firm.
LOWEST PRICES
50% + 15% OFF
Reg. $360-$620, sale 179.99-309.99, final cost
152.99-263.49. Samsonite Silhouette® luggage.
11 spinner SALE LOWEST PRICES
15.99 BATH 30"X54" Reg. $25. Only at Macy’s. Hotel Collection®
MicroCotton® towel. Other sizes also on sale. 40% OFF
Reg. $20-$110, previous sale 14.99-79.99, lowest prices 11.99-65.99. All solid color and patterned bath rugs.
MORNINGSPECIALS 8AM-1PMFRIDAY&SATURDAY!
DAY SALE
OF THE SEASON!
29.99 SERVICE FOR 8 Reg. $80. After special 49.99.
International Silver 53-pc. flatware set. already reduced pricesEXTRA4O%OFFHOMECLEARANCE
REG. & ORIG. PRICES ARE OFFERING PRICES, AND SAVINGSMAY NOT BE BASED ON ACTUAL SALES. SALE PRICES IN EFFECT 6/18 & 6/19/10. *Intermediate price reductions may have been taken. Extra savings are taken off already-reduced clearance prices. “Final Cost” prices reflect extra savings. “Lowest price(s)” refers to Macy's summer season from 5/1 - 7/31/2010; prices may be lowered as part of a clearance. Specials are available while supplies last. Prices and merchandise may differ on
macys.com. Advertised items may not be at your local Macy’s and selections may vary. Pillows, down comforters, cookware, kitchen electrics, personal-care electrics andluggage showncarry warranties;toobtain amanufacturer’s warranty before purchasing,visitastore or write:Macy’s Warranty Dept., P.O. Box 1026, Maryland Heights, MO 63043, Attn: Consumer Warranties. For store locations & hours, log on to
macys.com
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123 |
Page 124 |
Page 125 |
Page 126 |
Page 127 |
Page 128