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ALJ STRIKES 38 PAGES OF RAC'S REPLY BRIEF ON THE GROUND THAT RAC ENGAGED IN UNFAIR LITIGATION TACTICS

 ALJ STRIKES 38 PAGES OF RAC'S REPLY BRIEF ON THE
 GROUND THAT RAC ENGAGED IN UNFAIR LITIGATION TACTICS
 PITTSBURGH, March 26 /PRNewswire/ -- In a National Labor Relations Board (NLRB) case that was the subject of a two-week trial in Charleston, W.V., last fall, the United Steelworkers of America (USWA) and the Cincinnati Regional Office of the NLRB have won a ruling against Ravenswood Aluminum Corporation (RAC).
 NLRB Administrative Law Judge Bernard Ries struck 38 pages of RAC's Reply Brief on the ground that it had engaged in unfair litigation tactics by delaying until its Reply Brief the making of an argument not made in its Opening Brief: that USWA bargained in overall bad faith during the negotiations leading up to RAC's unlawful lockout. Under the board's rules, no response is permitted to a Reply Brief, and RAC's ploy, if it had succeeded, would have given it an unfair advantage since USWA and General Counsel would have been deprived of an opportunity to refute this meritless contention by RAC.
 In addressing the tactics of Respondent, RAC, Judge Ries' order stated:
 "4. The motions by the union and the General Counsel to strike pages 14-19, 43, 58-59, 72-94, 105-106, 123, 128, and 140-41 of Respondent's reply brief, insofar as they relate to the Charging Party's alleged 'bad faith' bargaining, are granted. It is obvious that all matters deemed material to the case should be discussed in the opening brief and not reserved for the reply brief, for the essential reasons of unfairness noted by the union and the General Counsel in their motions. If, as Respondent now asserts he good faith of the parties is 'an integral part of the impasse analysis' under Taft Broadcasting Company, 163 NLRB 475 (Response, p. 4), and 'an element of the admittedly applicable Taft standards' (Response, p. 11), the Respondent's 'mandatory Taft analysis' (Response, p. 12) should have been made in Respondent's opening brief."
 The ruling of the judge came in response to motions of the USWA and the NLRB General Counsel. In granting those motions to strike portions of the Brief, Judge Ries rejected RAC's argument that it was entitled to raise its bad-faith argument as a defense to a claim of surface bargaining, which is a particular type of bad-faith bargaining. Judge Ries, in his order, reminded RAC that all parties were in agreement that surface bargaining had never been an issue in the case and that it had never been accused of surface bargaining:
 "I should note that since Respondent, the union, and I all agree that the complaint, as clarified at the hearing, contains no 'surface bargaining' or like allegations, there is no basis, as Respondent seems to suggest (Response, p. 12), for a claim that the 'Union-bad-faith ' arguments may be properly addressed to that possibly lurking contention."
 International Union Staff Representative Joe Chapman welcomed Judge Ries' ruling, stating: "RAC's claim that we bargained in bad faith is ridiculous, and RAC knows it since it never filed a charge with the NLRB accusing us of bad-faith bargaining. Instead, it tried to sandbag us by making this claim in its Reply Brief, but Judge Ries stopped RAC dead in its tracks."
 RAC has locked out 1,700 members of USWA Local 5668 since Nov. 1, 1990. In its unfair labor practice case, the General Counsel of the NLRB alleges that RAC violated its duty to bargain, illegally locked out steelworkers, implemented its final contract offer in the absence of a lawful impasse, and unlawfully replaced the bargaining unit.
 -0- 3/26/92
 /CONTACT: Gary Hubbard of USWA, 412-562-2442/ CO: United Steelworkers of America ST: Pennsylvania IN: SU:


PS -- NY097 -- 2207 03/26/92 20:25 EST
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Date:Mar 26, 1992
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