Rubashkin Loses Labor Case Appeal – US Appeals Court Rules Rubashkin Must Bargain With Union

Rubashkin recruited* and hired illegal aliens along with documented workers. When those workers voted to to unionize in September 2005, Rubashkin claimed the illegals were not "employees" protected by the National Labor Relations Act (because they are illegals) and therefore rejected the vote to unionize, claiming a majority of union voters were illegals and therefore not "employees." Rubashkin refused to bargain with the union or recognize the vote.

The National Labor Relations Board found against Rubashkin. Rubashkin appealed.

Friday, the US Court of Appeals rejected Rubashkin's appeal, noting Rubashkin had disregarded previous NLRB rulings and Supreme Court precedent that clearly were not in his favor:

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued October 19, 2007 Decided January 4, 2008
No. 06-1329
AGRI PROCESSOR CO., INC.,
PETITIONER
v.
NATIONAL LABOR RELATIONS BOARD,
RESPONDENT
Consolidated with
06-1349
On Petition for Review and Cross-Application for
Enforcement of an Order of the National Labor Relations Board
Jeffery A. Meyer argued the cause for petitioner. On the brief was Carmelo Grimaldi.
Julie B. Broido, Supervisory Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, and Kira Dellinger Vol, Attorney. Linda Dreeben, Deputy Assistant General Counsel, entered an appearance.

2
Before: HENDERSON, TATEL, and KAVANAUGH, Circuit Judges.
Opinion for the Court filed by Circuit Judge TATEL.
Concurring opinion filed by Circuit Judge HENDERSON.
Dissenting opinion filed by Circuit Judge KAVANAUGH.

TATEL, Circuit Judge: A company whose workers recently voted to unionize refuses to bargain with them, claiming that most of those who voted are undocumented aliens. The company argues that undocumented aliens are prohibited from unionizing because they do not qualify as “employees” protected by the National Labor Relations Act. Because the company’s argument ignores both the Act’s plain language and binding Supreme Court precedent, we deny its petition for review.…

For the reasons stated above, we deny Agri Processor’s petition for review and grant the Board’s cross-petition for enforcement.…

Here's the entire long decision in PDF format:

Download agriproc_1408.pdf

* Stephen Bloom in his book Postville documents this recruitment.

[Hat Tip: Arieh.]

Comments

[Robret Heidelberg]

Oh Snap!

Isn't it illegal to hire illegal aliens? Why is it that he isn't trouble jail for that, too?

[Joe Izrael]

You have the Aidah pashkevil against Mondro from about 17 years ago?

If yes post plz THX

[Archie Bunker]

Considering all the publicity, I'm surprised that the ICE division of DHS, didn't raid Agri to round up all the illegals.

[Yossi]

If Bush's NLRB, which isn't favorable to unions, ruled against them..it gives us some idea how egregious their actions have been. What a rationalization! "we break the law and hire illegal workers, so they have no right to organize." What a Chillul HaShem!

[Archie Bunker]

http://jewishsurvivors.blogspot.com/2008/01/from-awareness-centers-daily-newsletter.html

Another pedophile in Baltimore. What is it about that city?

[yidandahalf]

A dog chases only one fox at a time, and the illegal issue is a separate case. It is next on the agenda we may expect; and it will not be long. At this point Iowa does not prosecute employers for knowingly hiring illegals if I am correct; so it may go a bit slower than in ,say states like Maine. It looks like the rubas-kin ( may their name be blotted out ) empire will be 'dismantled' step by step.
Why DHS doesn't raid the illegals on rubas-kin work sites is because this is not a front burner issue at this point in time. It takes ALOT to get the DHS to move anything from the back to the front but it can happen ( yes, I have first hand knowledge. ) Raising a hue and cry ( HINT, HINT ) would definitely effect this.
the rubas-kins' time is coming but they are too "smart" to see it. they are so slick they outsmart themselves everytime.
Aaron, Moshe, Sholom, went you get to hell you will have lots of company with the people who burned up my family.

[Nigritude Ultramarine]

IANAL, but this sounds like case of equitable estoppel to me. Meaning, that one can not take a stance contrary to a position one took earlier, if it would harm the other party (i.e. the workers).

In this case, Rubashkin presumably hired their workers as legal aliens. Now that it has gone before a judge, they want to claim that many of the workers are illegals.

If Rubashkin can lie this easily, why would anyone give them a hechsher? Yes, that includes you, Orthodox Union.

[Michelle]

B"h

Hey, Love the new look--and I can pull up the site so much faster now. Great job!!

(Now can you pass on your secret to UOJ--I have to wait FOREVER for his site to load. I stopped visiting because of it!)

M

[yidandhalf]

Do we have to have JEWBLUE to be taken seriously? It' sober, it's serious, it works. So OKAY. Anything for the cause!

[Sarah]

Not only does the govt usually move slowly but when you have connections and make campaign contributions and give gifts to the right politicians, etc. it can decide not to move at all. Does this surprise anyone?

[yidandhalf]

Truer words were never spoken,Sarah. However, DHS has been getting alot of flack and with more states signing on to go after the employers the time to stir the pot could be now. It really is an issue for citizens of the states the processors are in though. It's local, the illegal workers are a local issue. Baruch Hashem the profiteers will move now at election time.

[Archie Bunker]

http://www.thejc.com/home.aspx?ParentId=m11&SecId=11&AId=57190&ATypeId=1

Chabad rabbis remain defiant
04/01/2008
By Simon Rocker

[Ariel Sokolovsky]

B"H
Why does America still have these communist
laws giving people "rights" to "unionize"
etc.
Just like there should be a right for workers
to insist on not bargaining individually but as a group the employers should also have a right to refuse to deal with such groups.
The laws giving unions rights to the disadvantage of employers benefit the unionized workers in the short term but hurt
everyone in the long term examine the case of General Motors for example:
http://theunionlabelblog.com/
2006/04/24/as-gm-goes-so-goes-the-nation/

PS. The only presidential candidate who seems to understand this is Ron Paul http://www.issues2000.org/2008/Ron_Paul_Jobs.htm
.

[Archie Bunker]

Nice try by Sokolovsky giving that plug to Ron Paul. There are also reasons why all the neo-Nazis and other radical wackos support that candidate.

[Archie Bunker]

Check out how Lubinsky spins things.

http://www.koshertoday.com/portal/news.asp#news2

Changing a Hechsher Can be a Marketing Nightmare
New York... Each year many companies quietly replace their kosher certifications for a variety of reasons, most notably either to upgrade their 'hechsher' (kosher certification) or for monetary reasons. Sometimes, it does not pass quietly as the rumor mill works overtime in search of the 'real reason' for the change. Bloggers and their commentators can have a field day when a high profile company makes a change. That is what happened last week when AgriProcessor announced that it was removing the hechsher of the KAJ (Khal Adas Jeshurun). Agriprocessor announced that it was consolidating its kashrus supervision behind the Orthodox Union and Rabbi Menachem Meir Weissmandl of Monsey, NY. Rabbi Weissmandl, a well known authority in kashrus, was appointed three years ago to elevate the standards of kashrus in the whole plant and to specifically certify the production of products under the Supreme Kosher label, says an Agri press release. According to Sholom M. Rubashkin, 'the company made a marketing decision to expand the certification role of Rabbi Weissmandl to include products manufactured under the Aaron´s Best brand in addition to the longstanding certification by the Orthodox Union. While stressing that the change was not made for kashrus reasons, KAJ had planned for an orderly transition that would take effect in mid-April. This would also have allowed the prestigious community to find an alternate source of supply of meat. But when Agri learned that KAJ was set to announce the transition, it sought to preempt the KAJ announcement with its own ads and press releases, setting off a great deal of confusion, although there is no apparent change in the plans of Agri and KAJ.

[Chaim Yankel]

Notice how Lubinsky fails to mention:

1) That he was paid by Agri to write and distribute the Press Release on this matter. (A bit of a conflict of interest, no?)

2)That the KAJ actually walked out on Agri, and that his is documented in a letter from the KAJ to Agri. He didn't even attempt to find out any relevant facts, only the information that his boss/client at Agri wants to have written.

[Ariel Sokolovsky]

B"H

Nice try by Sokolovsky giving that plug to Ron Paul. There are also reasons why all the neo-Nazis and other radical wackos support that candidate.

Posted by: Archie Bunker | January 08, 2008 at 07:56 AM

As an "Archie Bunker" I'd have thought you'd be the 1st one to support him.:-)
Arutz Sheva had an article supporting him.

I don't think he is going to win however simply because the Rebbe writes:
"
As to the destruction of Babylonia and the palace of its king [...]: May the nations that accomplished it succeed and complete the task and proceed from strength to strength, and help bring the Jewish people back to Eretz Yisrael. [...] That time will see the fulfillment of the Divine promise: "I shall then make the nations pure of speech so that they will all call upon the Name of G-d and serve Him with a single purpose," [...]
"
see here :
Sicha Parshas Bo 1991
http://www.sichosinenglish.com/
books/counsel-given-concerning-babylon/01.htm

(see also http://moshiachtv.blogspot.com/2006/12/sadam-is-dead-another-prophecy.html
This sounds like something that Mike Huckabee would want to get involved in rather than a strict constitutionalist like Ron Paul who wouldn't likely spend a dime of govt money on such a project. :-)

[Avraham Nechemiah Ben David]

I think someone should use the same tool he used to shock cows to shock him. What an evil man who walks around pretending like he is holy. Chabad is dirty rotten and complicit in all of the bad things other Chabad rabbis and families do. It's a game that Chabad has been winning but it appears the tides are turning.

Maybe God has a hand in this? Chabad has turned God into a man and they have perverted Judaism. May Chabad's lies be exposed again, again, again, again and again.