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NLRB may face stalemate in the midst of Boeing suit

We have previously written about the current legal troubles between Boeing Company and the National Labor Relations Board. According to the National Labor Relations Board, Boeing violated labor laws by illegally retaliating against unionized workers when it went ahead with plans to build a new plant in South Carolina to manufacture 787 Dreamliner aircrafts.

The allegations of retaliation, which came back in April, have been denied by Boeing, who says the decision was made for financial reasons. According to Businessweek, hearings began back in June, but opening arguments have not yet taken place as attorneys are still determining pre-evidentiary issues.

The federal judge in charge of the lawsuit recently urged Boeing and the NLRB to come to a resolution over the allegations quickly, due to the fact that the board will be decreasing in size in the coming months, and may not be able to valid rulings.

Sources said that one of the board member's terms expired on August 27, and that another member's term ends in December. There is already one vacancy on the board. If the vacancies are not filled, the board's size may be down to two and could face the risk of becoming deadlocked, unable to make any appeal on the judge's decisions. Last year the U.S. Supreme Court ruled that a board cannot issue rulings if there are only two members.

The National Labor Relations Board, which has the task of enforcing the National Labor Relations Act, may not be able to have its vacancies filled soon either, as President Obama faces opposition from Senate Republicans who will either prevent him from making any nominations or veto any that are made.

Source: Businessweek, "Boeing-NLRB Case's Judge Urges Haste as Board Stalemate Looms," Susanna Ray, August 16, 2011.

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I have been a litigator for close to 20 years and Alan is most certainly one of the best attorneys I have ever come across.
Mr. Lescht is an excellent Trial Lawyer, He is calm, cool, and collected.
I also appreciated Alan's frankness and his ability to identify what is important and what is not when going through a case like this.
I would highly recommend Alan to anyone who needs an exceptional and incredibly talented Employment Attorney.
Mr. Lescht is an extraordinarily responsive attorney, returning my emails and phone calls within minutes. I would absolutely recommend him to anyone who thinks they may need a lawyer. Definitely incredible work.
I was impressed with his knowledge and professionalism, and I will always be grateful for his guidance.

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