Probate Lawyer in Union, SC

About The CDH Law Firm Difference

As seasoned probate lawyers in South Carolina, we understand that Estate Administration often involves sensitive family dynamics as much as it does the legal minutia involved in probate law. After all, a person's estate not only affects their generation but the generations that follow.

But when your loved one passes, their assets must be managed and distributed correctly. When mismanaged, disputes often arise between parties like the Beneficiaries, Trustees, Heirs, or Executors of a Will. Even when everything is managed the right way, arguments and misunderstandings can still occur, and even evolve into bitter legal battles necessitating probate litigation.

It stands to reason, then, that you should hire a probate lawyer in Union, SC to help. But the truth is, many attorneys don't have vast experience with probate and trust work. If they do, they aren't usually seasoned trial attorneys. That's what separates probate attorneys at CHSA Law, LLC from others - we have the ability to help plan your Estate and litigate estate disputes if they arise.

We are keenly familiar with local probate judges, courtroom staff members, and the related procedures involved with South Carolina probate law. Our intimate knowledge and experience help us successfully navigate the probate process to complete our client's cases quickly and efficiently.

But that's just one aspect that sets CDH apart from other firms. Understanding the importance of personalized attention, we also make an intentional decision to limit our law firm's overall caseload. This allows us to better focus on individual clients, many of whom remain with us for generations. We do not pass off cases to paralegals or junior associates but rather prioritize the attorney-client relationship. We value compassion and integrity, and our practice reflects those values.

Moreover, trust is one of the most important aspects of the attorney-client relationship. We work to create an open, friendly environment in which you can feel comfortable. After years of experience, we boast the skill and experience necessary to earn that trust - and that's a priceless commodity when it comes to probate cases in South Carolina.

Understanding The Probate Process in South Carolina

When a loved one passes away, it's natural to go through a time of emotional adjustment. However, it's crucial for the family of the loved one to face the financial realities of their estate. That reality includes the probate process, which involves distributing assets and settling the estate. A probate attorney in Union, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.

lm-head-start

Steps to the Probate Process in South Carolina

01

Delivery of Will Upon Death: During probate, the first step involves having a will delivered to an Estate Administrator or to the probate court. The deadline to accomplish this task is 30 days.

02

A Personal Representative is Assigned: This individual is often named in a Will and should be appointed officially by the court.

03

A Notice is Sent to Intestate Heirs: If these heirs feel that they should inherit, they have a right to challenge this step.

04

The Estate is Inventoried and Appraised: This process must occur within 90 days of opening an estate. In some estates with valuables like jewelry, art, and property, professional appraisers may be needed.

05

Settling Accounts: During this step, the estate must pay any applicable taxes, ongoing expenses, or outstanding debts. Should the estate not have enough money to pay these debts, creditors must be paid according to South Carolina code.

06

Distributions: If there is money in the estate after debts are paid, those funds are given to heirs of the estate, according to the Will or the State.

07

Discharge: As soon as any claims are paid, the personal representative of the estate will file documents to close the estate. To make this official, the court will issue a Certificate of Discharge.

lm-head-start

Avoiding Probate in South Carolina

Though most estates in South Carolina must go through probate, it is possible to avoid. This happens when a decedent's assets are placed in a Living Trust prior to their death. In this scenario, beneficiaries must be designated in order to inherit the estate. Suppose there are funds that have been promised to beneficiaries via life insurance policies or bank accounts with "payable upon death" designations. In that case, those funds do not have to go through probate.

Assets subject to probate in South Carolina include:

  • Interest in an LLC, Partnership, or Corporation
  • Real Estate Held as a Tenant in Common
  • Property Held in Only the Deceased's Name
 Probate Attorney Union, SC
Probate Lawyer Union, SC

Assets that are not subject to probate in South Carolina include:

  • Assets Placed in a Trust
  • Assets Which Are Already Tied to a Beneficiary
  • Pension Plan Assets
  • Insurance Policies with Beneficiaries
  • Beneficiaries of Retirement Funds
  • Real Estate or Property with Right of Survivorship
  • Real Estate or Property with Joint Tenancy
  • Accounts That Are Transferable or Payable Upon Death
lm-head-start

Avoiding Probate: Yes or No?

Though it's not always possible, some families go out of their way to avoid the probate process in South Carolina. Doing so can help save money in the long run and also expedite the distribution of funds to heirs. By avoiding probate, you're also keeping personal matters private.

Because every person has different estate and probate complexities, it's hard to say whether avoiding probate is good or bad. Whether or not you should avoid probate depends on your unique situation. As a general rule, it's always best to consult with a probate lawyer in Union, SC, for honest feedback and probate assistance.

Typically, having a Living Trust or a Will in place will make transferring assets easier. A little prep ahead of time will make a world of difference when your loved one passes away. After all, nobody is ever prepared for a relative or family friend's death, but a compassionate, trustworthy probate attorney can make the process easier.

FAQsSouth Carolina Probate FAQs

For many families, "Probate" is a dirty term that involves heartbreak and headaches. And while the probate process in South Carolina can be complex and stressful, having answers to some of the most common probate questions can help put your mind at ease.

Q.

My family member recently passed away, and we're considering their estate. How long will the probate process take?

A.

The time it takes an estate to go through probate in South Carolina varies depending on a number of questions, including:

  • Does the deceased have a valid will?
  • Is the Estate complex or large?
  • Is the Will contested?
  • Have any lawsuits been filed?
  • Is the personal representative of the estate efficient?

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

My loved one mentioned opening a Trust to protect my assets. What is a Trust, and what Trusts should I consider?

A.

As is the case with most probate decisions, opening a Trust should be based on your unique situation and guidance from your probate attorney in Union, SC. With that said, a Trust is meant to hold property for your loved one's benefit. When a Trust is created, assets are transferred into the said Trust and managed accordingly. Though there is a common misconception that Trusts are reserved for the wealthy, just about any family can benefit from opening a Trust.

The most common types of Trusts used in probate include:

  • Living Trust: These trusts are opened and controlled by you while you're still living. When you pass away, the assets in the trust are distributed to the beneficiaries you choose. Typically, these trusts do not go through the probate process.
  • Testamentary Trust: These trusts are usually established after you pass away and are included in your will. These trusts must go through the probate process in South Carolina, though they allow for the distribution of property within a certain time frame.
  • Special Needs Trust: This type of trust gives financial support to your loved one if they are disabled.

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

What happens when somebody dies without a will in South Carolina?

A.

When a person passes away without a Will in South Carolina, the state decides who gets their decedent's assets. This is also called passing intestate. When this happens, usually only spouses, blood relatives, or registered domestic partners can inherit property according to intestate succession laws.

Relatives who receive the probate property of the deceased are usually chosen in the following order:

  • Living Spouse
  • Children or Grandchildren
  • Parents
  • Brothers or Sisters
  • Grandparents
  • Uncles and Aunts
  • Extended Family

If you're in need of a veteran probate lawyer in South Carolina, look no further than CDH Law Firm. With years of experience in Estate Administration and probate cases, our team is ready to serve you with excellence and protect your interests. Have additional questions? We're here to help. Contact our office today to learn more about Estate Administration in South Carolina.

Legal Consultation

Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!

A Caring, Confident Approach to Probate in South Carolina

Planning your estate is the first step to take if you want to protect your family, your assets, your well-being, and the fruits of your hard work.

At CHSA Law, LLC, our team of experienced probate lawyers in Union, SC, can help you navigate the entire Estate Administration process. Through creative legal strategies and a clear understanding of your goals and desires, we work together to make your asset and estate visions a reality. It's never too early to get your estate in order. In fact, estate planning is important for everyone, whether you're single or married, young or old, with or without children. If you're ready to protect your assets and be prepared for probate, contact CHSA Law, LLC, today.

Contact Us

phone-number 843-936-6680

Latest News in Union, SC

Commentary: Don’t let union Grinches steal SC’s bright future

As we enter the holidays, we remember the story of “How the Grinch Stole Christmas.” Just as the Grinch didn’t like seeing people enjoy Christmas, unions don’t like seeing a low union participation state like South Carolina enjoy economic success.South Carolina has become a manufacturing powerhouse.Despite being so small geographically, the Palmetto State is home to more than 6,000 manufacturing facilities employing more than 300,000 South Carolinians and generating a $200 billion annual economic impact....

As we enter the holidays, we remember the story of “How the Grinch Stole Christmas.” Just as the Grinch didn’t like seeing people enjoy Christmas, unions don’t like seeing a low union participation state like South Carolina enjoy economic success.

South Carolina has become a manufacturing powerhouse.

Despite being so small geographically, the Palmetto State is home to more than 6,000 manufacturing facilities employing more than 300,000 South Carolinians and generating a $200 billion annual economic impact. Our manufacturing community provides good-paying jobs and produces a diverse catalog of world-class products such as cars, planes, tires, household goods and advanced materials. But what makes South Carolina’s manufacturing industry truly impactful and special is its people.

South Carolina’s manufacturing workers take great pride in what they do, what they accomplish and how their work makes communities stronger. That spirit is what built our vibrant economy and helped solidify South Carolina’s global reputation as a business-friendly state with hard-working, highly skilled people — all of which have enabled us to attract significant investments and new jobs.

This success is also a testament to our state’s right-to-work law and the principles it provides for individual freedom and prosperity. In a landscape where businesses thrive, job opportunities abound and workers enjoy the ability to choose their professional path without union involvement, the question arises: Are unions needed in South Carolina? The answer is no.

So, it makes you wonder why labor unions such as the United Auto Workers are publicly targeting manufacturers and their associates in the South. The answer is simple — it’s part of a strategy to increase dues and membership for the labor union. It’s an attempt to establish relevancy within a region of the nation that recognizes that unions are not needed in the workplace.

In South Carolina, we have seen how union involvement plays out: Their promises fall flat, and their impact on a community can have distressing and long-lasting consequences.

When Mack Trucks announced in 1986 that it would build an assembly plant in Fairfield County, the news was met with tremendous excitement, promising to lift an area in need of economic growth. But when unions began infiltrating the plant just a few years later, against the wishes of community members who warned about the risks unions would bring, it cast a shadow over not only that one operation but the entire region. By 2002, the Mack Trucks plant closed based on business conditions and overcapacity, and Fairfield County lost the hundreds of good-paying jobs that went along with it. Clearly, union representation did not guarantee long-term success or change.

We cannot let history repeat itself.

South Carolina has one of the lowest union participation rates in the country, which has generated jobs and prosperity that we have come to know and enjoy. Unions put S.C. jobs, and thus families, at risk.

Our state’s manufacturing community has done well in creating economic prosperity, empowering its workforce to thrive and innovate in highly technical environments, and supporting communities and philanthropic programs through good corporate citizenship without any union involvement.

Unions were not needed for South Carolina’s manufacturing sector to achieve the success it sees today and are definitely not needed for our state’s future economic success.

Sara Hazzard is the president and CEO of the South Carolina Manufacturers Alliance.

Get a weekly recap of South Carolina opinion and analysis from The Post and Courier in your inbox on Monday evenings.

Biotech Company MycoWorks Begins Production at the World's First Commercial-Scale Fine Mycelium™ Plant in Union, South Carolina

Providing the company's luxury leather alternative Reishi™UNION, S.C., Sept. 20, 2023 /PRNewswire/ -- Today, biotechnology company MycoWorks begins production at its world-class manufacturing facility in Union, S.C. Now capable of scaling-up to meet luxury industry demand, the company is set to grow millions of square feet of its leather-alternative material produced with the company's proprietary technology, Fine Mycelium™. This patented technology produces Reishi™, a biomaterial with unparalleled hand...

Providing the company's luxury leather alternative Reishi™

UNION, S.C., Sept. 20, 2023 /PRNewswire/ -- Today, biotechnology company MycoWorks begins production at its world-class manufacturing facility in Union, S.C. Now capable of scaling-up to meet luxury industry demand, the company is set to grow millions of square feet of its leather-alternative material produced with the company's proprietary technology, Fine Mycelium™. This patented technology produces Reishi™, a biomaterial with unparalleled hand-feel, strength and durability – on par with calfskin leather, the industry gold standard.

Continue Reading

With partners including Hermès and General Motors, MycoWorks' progression into commercial-scale manufacturing is a sign of maturation for the biomaterials industry that the company continues its leadership in materials science. Per MycoWorks' market sizing, there are serious challenges facing the $164 billion leather market and $28 billion luxury leather market such as supply chain constraints and inferior product alternatives. Since 2010, demand for luxury leather increased 251 percent, while high-end hide production declined by 22 percent due to falling beef and dairy consumption. MycoWorks, and its hallmark material Reishi™, are answering these challenges with the world's first full-scale alternative leather factory, a revolution in the production of high-quality natural materials for the luxury industry.

The opening of the 136,000 sq. ft. factory also marks the world's largest mycelium material operation, a major step for the use of mycelium– the "root structure" of mushrooms. Starting first with leather, MycoWorks' Fine Mycelium™ technology can later be expanded into other applications. The plant was made possible through a $125 million Series C funding round in 2021 from Prime Movers Lab, SK Networks, Mirabaud Lifestyle Impact & Innovation Fund, DCVC Bio, Novo Holdings and several strategic customers and investors. With construction beginning in 2022, the project was delivered on-time and on-budget, running the same tray-based mycelium growth system successfully piloted in its California plant yet scaled to 100x the volume.

"As MycoWorks continues to lead in biomaterial innovation, we are thrilled to open this first-of-its-kind facility in South Carolina. This reality is thanks to our team of experienced manufacturing leaders and engineers from the consumer goods, automotive, food, pharmaceutical, and biotechnology industries who have adapted robotic equipment and systems to handle our unique tray-based biomaterials process. In turn, they have enabled the first high-quality mycelium material product at scale, a feat which has never been accomplished until now," says Doug Hardesty, MycoWorks Chief Operating Officer. "We thank the city and citizens of Union for welcoming MycoWorks into its community."

MycoWorks' facility uses state of the art robotics, digital analytics, and AI resources to achieve high-caliber quality and supply chain systems for the company's customers in an entirely new manufacturing process. Using automated guided robots (AGRs), the company has automated 80% of its process, enabling MycoWorks' to reduce handling costs but maintain expert interactions where they are critical for quality assurance, achieving both high quality and low-cost production.

For the leather industry, MycoWorks' Union, S.C., facility is a breakthrough in supply chain management, providing full predictability, transparency, and provenance of high-quality natural materials while also reducing waste. Grown-to-spec, Fine Mycelium™ can be customized for thickness, weight and mechanical properties, allowing for an unprecedented level of control of a natural material, previously impossible via traditional agriculture.

Luxury fashion and automotive brands have eagerly awaited this opening to move collection design from prototyping and capsules to full-scale adoption. To date, Fine Mycelium™ has already been applied with great success to product categories from luxury handbags and footwear to vehicle interiors and home furnishings.

For Union, S.C.—population 30,000— MycoWorks' investment is reshoring production from an industry that primarily sources from Europe. Union has had a long history in textile manufacturing, and as the region is already home to leading automotive manufacturers, Fine Mycelium™ will allow other industries in the area and globally to closely collaborate on development. This centralization of biotechnology and manufacturing has long been a goal of South Carolina Governor Henry McMaster, a dedicated supporter of bringing cutting-edge science and technology to the state.

"We are thrilled to welcome MycoWorks to Union and have been eagerly awaiting the start of production," said Governor Henry McMaster. "We are already seeing the growth that this opening is bringing to the immediate and greater communities in the area, including more jobs, housing, storefronts, and overall investments. MycoWorks is a fantastic addition to our portfolio of energy-efficient plants, and we look forward to their long-term impact in South Carolina."

To learn more about employment opportunities at MycoWorks, visit https://www.mycoworks.com/careers

For media inquiries, please contact mycoworks@bpcm.com

About MycoWorksIn 2013, co-founders Philip Ross and Sophia Wang formed MycoWorks, a San Francisco-based biomaterials company dedicated to bringing new mycelium-grown materials to the world. MycoWorks' patented Fine Mycelium™ technology, an advanced manufacturing platform and breakthrough in materials science, engineers mycelium during growth to form proprietary, interlocking cellular structures for unparalleled beauty, handfeel, strength and durability. The company's flagship material- Reishi™ - is a new category of material for the world's best luxury brands. For more information, please visit mycoworks.com and madewithreishi.com.

SOURCE MycoWorks

Editorial: With Union Pier, speak now, or don’t complain later

There’s no guarantee the most recent effort to determine what should be redeveloped on Union Pier will succeed, but we can guarantee it won’t stand a chance without significant public involvement. Not only will any successful plan need to incorporate some if not much of what Charlestonians want to see there, but the public also will need to understand the tradeoffs necessary to make a redevelopment succeed.The team guiding this redevelopment effort seems to realize this as well and has created a new ...

There’s no guarantee the most recent effort to determine what should be redeveloped on Union Pier will succeed, but we can guarantee it won’t stand a chance without significant public involvement. Not only will any successful plan need to incorporate some if not much of what Charlestonians want to see there, but the public also will need to understand the tradeoffs necessary to make a redevelopment succeed.

The team guiding this redevelopment effort seems to realize this as well and has created a new Community Advisory Council to get that input. The effort was launched after the S.C. State Ports Authority, which owns the waterfront site, paused and then ultimately cancelled its planning arrangement with Lowe, and all manner of interested organizations, including neighborhoods, churches, business groups and nonprofits, are invited to have a representative on the council to provide suggestions and feedback; we urge them to do just that. While entities are being asked to limit themselves to one representative, there is no cap on the total number who may become part of the council.

This group is forming as the College of Charleston’s Joseph P. Riley Center for Livable Communities, its Stakeholder Advisory Committee and its team of private consultants prepare to launch the public phase of the process during the third week of January.

The 70-acre site consists mostly of paved parking areas and rusting warehouses, but given its location between Ansonborough, the City Market and the Cooper River, its potential is vast. So are its challenges, which include contaminated soil, acres of unbuildable piers and significant investment needed to protect both the site and nearby areas from future flooding. And then there are the public’s hopes for new parks, access to the water, affordable housing, connectivity to surrounding neighborhoods and the cultural interpretation of the Bennett Rice Mill facade and Mosquito Fleet site.

While the Ports Authority does expect to benefit from the ultimate sale of Union Pier, it has given the planning team no target dollar figure, and that’s a helpful start. There are several major questions that must be resolved, including what ultimately should be built there, whether it should be sold and redeveloped in one deal or several deals and what a widely expected public contribution might look like. Lowe’s work on Union Pier has raised public awareness about the possibilities for waterfront park space, flood mitigation, affordable housing and the historic nature of the site, but improvements will need to paid for, and any successful redevelopment plan likely will involve many tradeoffs, including a few that will be painful to some.

As Bob O’Neill of the Riley Center told us, “We know we’re not going to make everybody happy.”

Once the planning process finishes up later next year, we hope those who aren’t happy at least understand the tradeoffs enough to appreciate and accept why they didn’t fully get their wish. And we hope the plan that emerges isn’t just something City Council, local leaders and residents can accept, but that it’s something that can actually get built and make Charleston a better place.

The best way to assure all that comes to pass is for everyone interested to step up now.

Click here for more opinion content from The Post and Courier.

Get a weekly recap of South Carolina opinion and analysis from The Post and Courier in your inbox on Monday evenings.

California biotech company to open $50M facility in Union County

A California-based biotech company is opening its first facility in South Carolina in Union County.MycoWorks, which creates luxury-quality leather alternatives using the trademarked Fine Mycelium, has selected Stream Realty Partners, CH Realty Partners, and Gray to help develop its first full-scale production facility in Unio...

A California-based biotech company is opening its first facility in South Carolina in Union County.

MycoWorks, which creates luxury-quality leather alternatives using the trademarked Fine Mycelium, has selected Stream Realty Partners, CH Realty Partners, and Gray to help develop its first full-scale production facility in Union, S.C., according to a news release.

CH Realty Partners LLC, a Los Angeles-based developer — in conjunction with Ascendant Capital Partners, a Los Angeles-based real estate investment firm — will invest more than $50 million to expand and improve an existing warehouse at 260 Midway Drive in Union, South Carolina, the release stated. The facility, which MycoWorks will lease with a long-term commitment, will accommodate 135,000 square feet for the company’s first full-scale Fine Mycelium production manufacturing facility

MycoWorks’ new facility will offer approximately 50,000 square feet of manufacturing space, the release stated. It will include controlled environments for mixing, filling, and sterilization; work cells for tending the product as it grows; and areas for product harvesting and finishing.

Within the existing footprint, the facility will utilize approximately 40,000 square feet for an Automated Storage Retrieval System in a highly controlled environment that will house trays of the product as it grows into sheets, the release stated. A two-story expansion of 35,000 square feet for offices will be built adjacent to the existing warehouse. The remaining footprint will be used for storage, utilities, and maintenance areas.

Stream’s National Program Management team will work with CH Realty Partners to manage all aspects of the delivery of the facility, from conceptual design through equipment installation and startup, the release stated. Stream Vice President Tom Porter, who specializes in manufacturing, will lead the project. Stream is a national real estate services, development, and investment firm with a growing office in Charlotte that services the Carolinas.

“We’ve taken a deep dive to understand MycoWorks’ business needs and created a path forward that is critical to their success as an organization,” Porter said in the release. “Together, with our partners, we have developed a strategic approach to fast-track this project and help this unique, innovative client become the world’s first commercially scaled Fine Mycelium™ platform.”

Recognized as a leader in the manufacturing industry, Lexington, Ky.-based Gray will design and build the project, according to the release.

“Gray is excited to play a pivotal role on such an innovative and technologically advanced project,” said Brian Jones, Gray president and CEO, in the release. “This unique facility is a chance not only to advance MycoWorks but also move the industry forward, and that's an incredible opportunity."

Additional exterior improvements will include a bulk unloading area for dry raw materials, storage tanks for liquid raw materials, an expanded parking lot, and a new employee entrance, according to the release.

s

State lawmakers, organizations ask U.S. Supreme Court to overturn union port win

The Fourth Circuit Court of Appeals ruled in favor of the union in its fight for jobs at Leatherman terminalCHARLESTON, S.C. (WCSC) - As the U.S. Supreme Court decides if it will hear arguments in the ongoing dispute over 270 South Carolina port jobs and a $1.5 million port, several lawmakers and organizations are weighing in and urging the court to take up the case.The National Right to Work Legal Defense Foundation on Friday filed an amicus brief in support of overturning the ruling from the ...

The Fourth Circuit Court of Appeals ruled in favor of the union in its fight for jobs at Leatherman terminal

CHARLESTON, S.C. (WCSC) - As the U.S. Supreme Court decides if it will hear arguments in the ongoing dispute over 270 South Carolina port jobs and a $1.5 million port, several lawmakers and organizations are weighing in and urging the court to take up the case.

The National Right to Work Legal Defense Foundation on Friday filed an amicus brief in support of overturning the ruling from the Fourth Circuit Court of Appeals that sided with the International Longshoreman’s Association allowing them to fill every role at the $1.5 billion facility.

South Carolina has long run on a hybrid model that allows state employees to operate the cranes at state port facilities while other jobs are filled by union workers.

The NRWF in the brief argues that handing the crane jobs to the union would have continued consequences beyond the initial job loss of the state employees and violates secondary boycott rules.

They argue that even if the state employees were to join a contractor with a union contract those employees would be passed over in favor of union members with longer seniority.

The labor dispute began when the ILA sued the United States Maritime Alliance for sending shipping lines to Hugh K. Leatherman Terminal shortly after the completion of its first phase two years ago. The union alleged the move violated the terms of a master contract prohibiting the use of newly constructed terminals where ILA dockworkers do not perform all unloading tasks.

For years, the ILA union held master contracts with major shipping companies along the coast and those contracts are updated over time. The most recent contract states that at any newly-opened port, unless all the jobs from the ship to the gate are performed by union members, the shipping companies will not use the new port. That’s what’s been happening at the Hugh Leatherman terminal since it opened.

Shipping line containers subsequently called off. The South Carolina State Ports Authority viewed the move as an illegal strong-arm tactic to grab new lines of work and argued a solely unionized staff would increase operational costs. The state favored a narrow definition of the jobs entitled to ILA members that excluded “lift-equipment jobs” like cranes operation.

However, the U.S. Court of Appeals for the 4th Circuit endorsed a broader definition. Two of the three judges affirmed the National Labor Relations Board’s conclusion that “work” involved “the loading and unloading generally at East and Gulf Coast ports.”

The South Carolina Ports Association has called the practice a violation of secondary boycott laws. Because of the threat of lawsuits from the ILA, U.S. Maritime Association carriers will not use Leatherman.

“In their effort to maintain and expand their stranglehold on port employment all across the East Coast, ILA union bosses are putting the livelihoods of hundreds of Leatherman employees in jeopardy – employees who work side-by-side with unionized workers at Leatherman and have done nothing wrong,” National Right to Work Foundation President Mark Mix said. “The Supreme Court must reverse the Biden NLRB’s erroneous ruling letting this union gambit move forward, bearing in mind that the real victims here are the nonunion port workers whose jobs ILA officials want to seize.”

The nonprofit isn’t the only one to fill a brief in support of overturning the ruling.

Gov. Henry McMaster and Georgia Gov. Brian Kemp filed a brief in support of the SCSPA arguing the appellate court’s decision expanded the scope of the work-preservation doctrine beyond what was allowed under the National Labor Relations Act.

“The Leatherman Terminal is a state-of-the-art facility and a critical part of South Carolina’s economic-development portfolio and continued competitive advantage,” McMaster said. “I will not stand idly by and allow unions and their unlawful boycotts to hold our State’s resources, jobs, and supply chain hostage as out-of-state labor bosses seek to advance their own interests at the expense of state employees. South Carolinians have worked hard to earn our prosperity, and we must continue to preserve it and enhance it, not bargain it away under threats of labor union boycotts and coercive pressure campaigns. Particularly at a time when the Southeast is leading the nation in both population and job growth, I appreciate Governor Kemp joining me in this fight to maintain and advance our States’ shared interests in protecting our ports and enhancing our regional supply chain.”

“The Fourth Circuit’s decision creates a roadmap for unions to erode the equal dignity and sovereignty of the States,” the governors argue.

Ultimately, the decision will also impact Georgia’s Port of Savannah and North Carolina’s Port of Wilmington which both operate under hybrid models.

“The success of the Georgia Ports Authority speaks for itself, with the ports supporting hundreds of thousands of Georgia jobs and billions of dollars in revenues statewide,” Brian Kemp said. “To continue that momentum, it’s essential the port retains the authority to decide the appropriate operating model that secures long-term performance and benefits the consumer. By taking this action alongside our partners in South Carolina, we aim to support the future prosperity of our ports and the role of GPA in shaping that future.”

The brief argues that the Fourth Circuit’s decision undermines the pro-competitive principles that the NLRA was designed to protect and that the decision has allowed unions to use their power to harm businesses that are not unionized.

That argument was reiterated by South Carolina’s senators, Lindsey Graham and Tim Scott who also filed an amicus brief asking the court to take up the case.

“There is no doubting this case’s importance,” Graham and Scott said. “It is important for the people of South Carolina. It is important to ensure consistent application of the law nationwide. And it is important to vindicate the federal constitutional structure, so that the People remain governed by a nation of laws, rather than ruled by administrative fiat.”

The South Carolina Manufacturers Alliance said port choice is a decision that’s made based on the contents of a container, shipping routes, access to inland shipping and final destination.

“The Fourth Circuit’s coastwide view of the work caused it to treat containers of cargo as fungible, without regard to the contents of the particular containers,” the alliance said.

The U.S. Chamber of Commerce, South Carolina Chamber of Commerce and the National Association of Manufacturers said the court’s decision “blurs the critical line between work preservation and acquisition.”

“The result of this conflation will be to dramatically increase the range of circumstances when unions are allowed to engage in pressure campaigns—wielding them not as a shield to preserve their own jobs, but as a sword to take away the jobs of non-union employees,” court documents state.

The groups argue the “consequences for the law and the national economy would be dire” should the court uphold the Fourth Circuit’s decision.

They argue that the Fourth Circuit misapplied the precedents used when they ruled in favor of the union.

A response from the government’s original deadline has since been extended to Nov. 29.

Copyright 2023 WCSC. All rights reserved.

Disclaimer:

This website publishes news articles that contain copyrighted material whose use has not been specifically authorized by the copyright owner. The non-commercial use of these news articles for the purposes of local news reporting constitutes "Fair Use" of the copyrighted materials as provided for in Section 107 of the US Copyright Law.
,