Court Sides With NLRB In Fifth Amendment Dispute

Law360, New York (November 20, 2007, 12:00 AM EST) -- A group of auto workers lost a constitutional fight against the National Labor Relations Board on Tuesday when a federal appeals court ruled that the men picked the wrong target.

The four named plaintiffs, employees at Thomas Built Buses Inc., claimed the board's certification of the United Automobile Workers union as their exclusive representative violated their Fifth Amendment rights. But they lacked standing to take the board to court, the Fourth Circuit ruled.

But the appeals court ruled the workers', who also claimed TBB had an...
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