No. 19-7607

Jon P. Westrum v. National Labor Relations Board

Lower Court: Eighth Circuit
Docketed: 2020-02-07
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: alter-ego-doctrine civil-rights due-process labor-dispute labor-law legal-standing sole-proprietorship statute-of-limitations time-bar union-representation
Key Terms:
Environmental SocialSecurity Securities Immigration LaborRelations
Latest Conference: 2020-05-15 (distributed 2 times)
Question Presented (AI Summary)

Whether a one-man shop can be represented by a union, whether the 6-month time bar had lapsed, whether the union failed to represent the first company for 2.5 years and failed to request dues for 5.5 years, whether the alter ego claim fails on all points of the alter ego doctrine

Question Presented (OCR Extract)

QUESTION PRESENTED Jon Westrum, owner of JWE LLC, the petitioner, request this petition for writ of Certiorari be granted given the salient issues, (1) a one man shop cannot be represented by the union, (see Stack Electric decision). (2) the 6 month time bar had lapsed, (see transcripts). (3) the union failed to represent the first company J. Westrum Electric for the 2 % years it was is business, and failed to request dues for 5 % years (see transcripts). . (4) the alter ego claim fails on all points of the alter ego doctrine. (see alter ego doctrine exception). An impermissible burden of proof was placed on the pro-se litigants to meet. They failed on all 4 issues. Testimony was not recognized due to the Honorable Judge felt the petitioner had lied. Important facts had been conveniently left out by the litigants witnesses. ALL TESTIMONY MUST BE CONCIDARED, FACTS MUST BE CLEARLY UNDERSTOOD BY WHAT HAD BEEN SAID, AND WHAT THE WITNESSES FOR THE PRO-SE LITIGANTS LEFT OUT. ONLY THEN WILL YOU GET A TRUE UNDERSTANDING OF THE FAILURE OF THIS CASE. THANK YOU . . COCISE STATEMENT OF THE BASIS FOR JURISDICTION IN THIS COURT . This case was presented by the Minneapolis chapter of NECA for IBEW local 292 in Minneapolis, 3-11-16. The IBEW 292 filed a grievance against JWE LLC, stating this company was an alter ego to J. Westrum Electric, a sole proprietor one man shop, my old company that was completely dissolved before the creation of JWE LLC. I was not allowed to have legal representation in this hearing. I was not allowed to record or take notes for my attorney. This case was then brought before the United States Court of Appeals for the eighth circuit by the NLRB, Case No. 18-ca-182656, and heard by the Honorable Judge Sharon L. Steckler, 3-14-17. The Honorable Judge found in the favor of the NLRB. Stating my testimony was , untruthful, thereby not taking my testimony into consideration. . I filed an appeal with the United States Court of Appeals for the Eighth Circuit, No. 18-1242, 2-28-18. I filed this without legal council because I could no longer afford it. I filed due to the fact that my testimony was NOT untruthful. Also I was not allowed to appeal the time bar. I was told I can’t because I couldn’t fight it as an individual. Being a company I had to have legal council present. I myself, Jon Westrum, was also named in the lawsuit. So I must be able to present the time bar. J lost my appeal 3 times. I may not have presented them correctly. I am now asking the Supreme Court of the United States to reverse this decision. I am not fighting this for fun. But for the facts to be seen and verdict to be corrected. ‘ mo

Docket Entries

2020-05-18
Petition DENIED.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2020-04-17
Petitioner complied with order of March 30, 2020.
2020-03-30
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until April 20, 2020, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-09
Waiver of right of respondent NLRB to respond filed.
2019-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 9, 2020)

Attorneys

Jon P. Westrum
Jon P. Westrum — Petitioner
Jon P. Westrum — Petitioner
NLRB
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent