Been away from the board a while. NRAB case pending Supreme court.

[JoeC (McGruff)]

I have not been posting much due to the fact that I am currently studying a pending case before the supreme court. Regarding a procedural rule of R.L.A and whether the N.R.A.B erred in dismissing the case. Any one interested in reviewing can read here and follow the links. Oral arguments were heard October 7Th. http://topics.law.cornell.edu/supct/cert/08-604
JoeC (McGruff)

[Mr. Pink]

I have not been posting much due to the fact that I am currently studying a pending case before the supreme court. Regarding a procedural rule of R.L.A and whether the N.R.A.B erred in dismissing the case. Any one interested in reviewing can read here and follow the links. Oral arguments were heard October 7Th. http://topics.law.cornell.edu/supct/cert/08-604
JoeC (McGruff)

How do you think the court will come down on the case?

Mr. Pink

[JoeC (McGruff)]

I am not optimistic given recent decision by the court. I would like to see them uphold the appellate court decision I believe reading the opinion the appellate courts reasoning was sound.
JoeC (McGruff)

[JoeC (McGruff)]

Here it is in a nutshell the Court held in a unanimous decision that no live due process issues existed, it provided dicta to clarify the issue. Basically, the Court stated that only Congress--not the NRAB as the board had maintained--had the power to shape the NRAB's jurisdiction and that the conference requirement was waivable, not jurisdictional. So McGruff is happy...Wolf...Wolf!
http://www.law.cornell.edu/supct/pdf/08-604P.ZO
JoeC (McGruff)

[Sponsored content]