Labor Relations Today

Labor Relations Today

Category Archives: Federal Court Litigation

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NFIB Files Amicus Brief Ripping NLRB Facebook Ruling

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices
Earlier this week, the National Federal of Independent Business’ small business legal center filed an amicus brief with the D.C. Circuit, arguing that the National Labor Relations Board incorrectly held that employees of a clothing store had engaged in protected activity by griping about work on Facebook.  (See the NFIB Brief here). The case arose when… Continue Reading

Trade Groups Take Aim At Quickie Election Rule

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Representation Elections
Late last week ($$), several major U.S. trade associations filed a motion for summary judgment requesting that Judge Amy Berman Jackson invalidate the National Labor Relations Board’s new “quickie election” rule.  The U.S. Chamber of Commerce and its allies argued in their brief that the new rule, which seeks to hold union elections as little as 11… Continue Reading

Board Amicus Brief Backs Union Against Trump

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unions
Late last week ($$), the National Labor Relations Board filed a 58-page amicus brief with the Third Circuit, arguing that Trump Entertainment Resorts Inc. must not be allowed to blow up a collective bargaining agreement due to its impending bankruptcy.  Specifically, the Board’s Brief contended that the Delaware bankruptcy court should not have granted Trump Entertainment’s… Continue Reading

Democrats Support Quickie Election Rules

Posted in Federal Court Litigation, NLRB, Quick Hits, Senate, Unions
Yesterday, 16 Senate Democrats sent a letter to Mark Gaston Pearce, the Chairman of the National Labor Relations Board, urging him to “vigorously defend” the Board’s controversial quickie election procedures.  Issued last month, the “quickie election” rules are designed to cut down the time between the filing of an election petition to a vote to… Continue Reading

NFIB and ABC Join Fight Against NLRB’s ‘Quickie Election’ Rule by Filing Suit in Texas

Posted in Expedited Elections, Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Representation Elections
On Tuesday, January 13, the National Federation of Independent Business (NFIB) Texas, Associated Builders and Contractors (ABC) of Texas and the Central Texas Chapter of ABC filed a joint lawsuit in the U.S. District Court for the Western District of Texas against the National Labor Relations Board (NLRB) challenging the NLRB’s recently issued election rule… Continue Reading

Labor Relations Today Releases ‘Labor Law 2014: A Year in Review’

Posted in Alternative Labor Law Reform, Amici Briefs, Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
MLA labor attorneys are pleased to announce the publication of Labor Law 2014: A Year In Review. This marks the fourth straight year that we have produced this annual review of developments in traditional labor law and labor-management relations. 2014 ushered in a National Labor Relations Board with more prospective stability than in recent years as the seats… Continue Reading

Board Dings Macy’s For Refusal To Bargain

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
This past Wednesday, the National Labor Relations Board ruled that Macy’s Inc. is obligated to bargain with Local 1445 of the United Food and Commercial Workers (UFCW), which now represents a unit of cosmetics workers at Macy’s store in Saugus, MA.  The reader may recall that @LRToday covered the initial Macy’s decision at length back… Continue Reading

Nestle Attacks Specialty Healthcare Decision

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unions
Earlier this week, representatives for Nestle Dreyer’s Icre Cream Co. argued ($$) that the National Labor Relations Board’s controversial Specialty Healthcare decision was an abuse of the Board’s discretion.  The reader may recall that Specialty Healthcare, which has been upheld by the Sixth Circuit, requires an employer challenging the appropriateness of a bargaining unit to show that… Continue Reading

Group Led by US Chamber Files Suit Challenging NLRB’s New ‘Quickie Election’ Rule

Posted in Expedited Elections, Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Representation Elections
On January 5, the United States Chamber of Commerce filed suit in the United States District Court for the District of Columbia challenging the National Labor Relations Board’s “recently issued ‘ambush’ election rule.” The Chamber is joined in the lawsuit by the Coalition for a Democratic Workplace, National Association of Manufacturers (NAM), National Retail Federation… Continue Reading

D.C. Circuit Rubber Stamps Becker’s Appointment

Posted in Federal Court Litigation, NLRB, Quick Hits
In a move that came as a surprise to (almost) no one, the U.S. District Court for the District of Columbia ruled last week that controversial former National Labor Relations Board Member Craig Becker’s recess appointment to the Board was constitutional.  In making its ruling, the court relied directly on last summer’s Noel Canning decision… Continue Reading

Region 28 Ordered To Pay Co’s Attorneys Fees

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices, Unions
Last week, U.S. District Court Judge Neil V. Wake ordered the National Labor Relations Board’s 28th regional office to pay over $50,000 in attorney’s fees to Farm Fresh Company Target One, LLC.  In a prior ruling, Judge Wake had denied the company’s request for attorney’s fees.  However, he changed his mind on a motion for reconsideration.… Continue Reading

Truckers Reinstated Pending Outcome Of Labor Dispute

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Yesterday, U.S. District Court Judge Philip S. Gutierrez ordered Green Fleet Systems to reinstate two Los Angeles Harbor-based truckers who allege they were terminated in the midst of a labor dispute.  The Judge’s Order requires Green Fleet to reinstate the two workers during the pendency of proceedings before the National Labor Relations Board.  In the… Continue Reading

Board Rubber-Stamps Pair Of Recess-Appointment Decisions

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Representation Elections, SCOTUS, Unfair Labor Practices, Unions
The fall-out from the Supreme Court’s recent Noel Canning ruling continues.  Last week, the National Labor Relations Board revisited two cases that were brought back to life after the Supreme Court determined that the Board was unlawfully constituted when they were originally decided. Not surprisingly, the Board entered summary judgments against both Enterprise and Huntington… Continue Reading

RD Seeks Contempt Finding Against ILWU

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Last week, National Labor Relations Board regional director Ronald Hooks filed a motion in federal court asking the judge to find the International Longshore and Warehouse Union in contempt for continuing an unlawful work slowdown at the Port of Portland.  The motion contends that the union has repeatedly ignored a 2012 court order directing the ILWU to end… Continue Reading

Ironworkers Plead Guilty To Arson, Other Charges

Posted in Federal Court Litigation, Quick Hits, Unions
This past Tuesday, two members of the Philadelphia Ironworkers Union pled guilty to using unlawful and violent methods in attempting to force businesses to hire union labor.  James Walsh copped to five arson-related charges, including two counts of maliciously damaging property by means of fire.  Walsh also pled guilty to RICO conspiracy charges.  Greg Sullivan pled… Continue Reading

CNN Appeals Board Reinstatement Order

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Earlier this week, the National Labor Relations Board ruled that CNN must reinstate over 100 unionized workers who were laid off in a restructuring more than 10 years ago.  And CNN is also required to pay those workers for lost pay and benefits stemming from their unlawful termination. The dispute in question arose in 2003,… Continue Reading

New Vista Asks Third Circuit To Hold Hearing In Abeyance

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Yesterday, New Vista Nursing and Rehabilitation LLC asked the Third Circuit to hold the re-hearing of a prior 2-1 Third Circuit decision in abeyance until the National Labor Relations Board has an opportunity to pass on the questions involved.  The case at issue began in March of 2012 when recess-appointed Board members Craig Becker, Sharon Block, and Richard… Continue Reading

Prime Smacks SEIU With RICO Complaint

Posted in Federal Court Litigation, Quick Hits, Unions
Yesterday, Prime Healthcare Services, Inc. (Prime) filed a Complaint in the U.S. District Court for the Northern District of California, alleging that the Service Employees International Union (SEIU) and others conspired to force Prime to allow its employees to form a labor union.  The Complaint alleges in pertinent part that the SEIU has violated the Racketeering Influenced… Continue Reading

Federal District Court Begrudgingly Enforces “Overly Broad and Unfocused” NLRB Subpoenas

Posted in Federal Court Litigation, Subpoenas, Unfair Labor Practices
On August 22, 2014, United States District Court Judge Arthur J. Schwab granted the National Labor Relations Board’s application to enforce three subpoenas served on UPMC in an unfair labor practice case despite the fact that the subpoenas were overly “broad and unfocused.” The underlying unfair labor practice stemmed from a union organizing drive at UPMC… Continue Reading

NCAA Asks 9th Circuit To Review O’Bannon Case

Posted in Federal Court Litigation, Negotiations, Quick Hits, Remedies
In an unsurprising move, the National Collegiate Athletic Association (the NCAA) asked the Ninth Circuit Court of Appeals on Wednesday to review Judge Wilken’s decision in the O’Bannon case.  The reader may recall that on August 8, U.S. District Court Judge Claudia Wilken determined that the NCAA was violating antitrust laws by barring college athletes from receiving… Continue Reading

Parties Propose Joint Order To Resolve O’Bannon Pay Issue

Posted in Federal Court Litigation, Negotiations, Quick Hits, Remedies
Late last week, the parties to the now-famous Ed O’Bannon case out in California submitted a joint proposed Order to U.S. District Judge Claudia Wilken regarding when the court’s injunction prohibiting certain NCAA pay practices should kick in.  The reader may recall that Judge Wilken ruled in favor of a group of student athletes that… Continue Reading

Players Seek Clarity In O’Bannon Ruling

Posted in Federal Court Litigation, Quick Hits, Remedies
This past Tuesday, student athletes who will be directly affected by the now-famous O’Bannon case out of California have asked the presiding judge to specify that the decision will apply to both current and incoming students when an injunction barring the NCAA from prohibiting student athlete compensation kicks in next year.  In the case, the… Continue Reading

Co. Sues Board For Exceeding Authority

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
Sanderson Farms Inc. filed a complaint in federal district court in Mississippi against the National Labor Relations Board on Monday, alleging that the Board exceeded its authority by continuing to pursue unfair labor practice charges against Sanderson even though the charging party withdrew them.  Local 693 of the Laborers International Union of North America AFL-CIO… Continue Reading

Third Circuit Will Revisit Becker Ruling

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits
Yesterday, the Third Circuit Court of Appeals granted the National Labor Relations Board’s request for a panel rehearing of its 2013 decision that determined that Member Craig Becker was improperly recess-appointed by the President.  The case has sat on the court’s docket for quite some time because the issue was tabled pending the U.S. Supreme… Continue Reading