Supreme Court Decision a Victory for Greenberg Traurig Client New Process Steel

Matter may impact 600 NLRB cases

Jun 18, 2010, 13:00 ET from Greenberg Traurig, LLP

ATLANTA, June 18 /PRNewswire/ -- The Supreme Court of the United States has handed down an opinion in the case of New Process Steel, L.P. v. National Labor Relations Board (NLRB) that resulted in a significant victory for Greenberg Traurig client, New Process Steel.  The Supreme Court's decision reversing the Seventh Circuit Court of Appeals has the potential to overturn approximately 600 cases previously decided by the NLRB over a two-year-period. Attorneys from Greenberg Traurig's Atlanta, Boston and Washington D.C. offices worked together and with attorneys from Richie & Gueringer P.C. to obtain the victory for New Process Steel.

"This is a tremendous ruling for New Process Steel and demonstrates that justice truly can be had by all," said David Long-Daniels, Shareholder, Greenberg Traurig's Atlanta office.  "We are pleased by the United States Supreme Court's decision protecting the rights of our client, as well as our client's employees."

The case came about when the union representing employees at the New Process Steel plant in Butler, Indiana, failed to reach an agreement over a new contract with New Process Steel, L.P.  The union wanted to cut the employees' pay, vacation and benefits in order to obtain the contract. After the employees rejected the contract and also declined to strike, the union insisted that the employees' vote against the strike amounted to ratification. Subsequently, the union filed unfair labor practices claims with the NLRB claiming that New Process Steel failed to honor its collective bargaining agreement to deal with the union as the exclusive representative of the plant's employees. New Process Steel disagreed and opposed the union in order to ensure the employees' pay and benefits were not take away.  While a two-member panel of the NLRB agreed with the union, the Supreme Court of the United States ultimately ruled that NLRB's decision was invalid because 29 U.S.C. Section 153(b) of the National Labor Relations Act requires that three members of the five member National Labor Relations Board shall "at all times" constitute a quorum.

In addition to Long-Daniels, the Greenberg Traurig team included: Todd Wozniak, a trial lawyer who defends companies and public institutions throughout the U.S. in labor and employment, also in the firm's Atlanta office; Labor and Employment Practice shareholder Joe Ambash and associate Justin Keith, of the Greenberg Traurig Boston office; and in Washington, D.C., Mark Solomons, co-chair of Greenberg Traurig's National Appellate Practice Group, and Laura Klaus, co-managing shareholder of that office.

Greenberg Traurig attorneys worked with Sheldon (Don) Richie, who argued the case before the Supreme Court, Gay Gueringer and Katherine Walters, all with Richie & Gueringer P.C., which has offices in Austin and San Antonio, Texas.  

About Greenberg Traurig, LLP

Greenberg Traurig, LLP is an international, full-service law firm with approximately 1775 attorneys serving clients from more than 30 offices in the United States, Europe and Asia. In the U.S., the firm has more offices than any other among the Top 20 on The National Law Journal's 2009 NLJ 250. For additional information, please visit www.gtlaw.com.

SOURCE Greenberg Traurig, LLP



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