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Labor Relations Today

Category Archives: Federal Court Litigation

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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

New Vista, NLRB Square Off In 3d Circuit

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
New Vista Nursing and Rehabilitation LC filed an Answer to a National Labor Relations Board brief last week in the Third Circuit Court of Appeals, arguing that the court should decline the Board’s invitation to revisit a previous ruling denying the NLRB’s bargaining order.  The current dispute before the court stems from a July 2013 rehearing request from … Continue Reading

Does the National Labor Relations Board’s Recent Ratification Announcement Have Any Impact on Actions Invalidated by Noel Canning?

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Uncategorized
  On August 4, 2014, the National Labor Relations Board announced that it had ratified all of the “administrative, personnel, and procurement matters taken by the Board from January 4, 2012 to August 5, 2013“.  This coincides with the time period during which the Supreme Court’s Noel Canning decision held the Board operated without a … Continue Reading

Locked Out Kelloggs Employees Win Right To Return To Work

Posted in Federal Court Litigation, Negotiations, NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices, Unions
Yesterday, U.S. District Judge Samuel Mays ordered that Kelloggs must immediately end its lock out of 220 workers at its Memphis, TN plant.  The Judge’s Order provides that Kelloggs made use of “creative semantics” to make changes to its collective bargaining agreement with the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union (the Union).  … Continue Reading

Tribes Pressing For Timely Review of Board Orders

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits
Last week, the Chickasaw Nation, the Saginaw Chippewa Indian Tribe of Michigan, and the Little River Band of Ottawa Indians argued in briefs to the Sixth and Tenth Circuit Courts of Appeal that several Orders issued by the National Labor Relations Board concerning the agency’s jurisdiction should be remanded for expedited review.  The Board is … Continue Reading

Players To Judge: Lift Pay Prohibition

Posted in Federal Court Litigation, Negotiations, Quick Hits
Yesterday, college athletes in the now-infamous Ed O’Bannon trial submitted a post-hearing brief, arguing that the NCAA’s refusal to allow athletes to profit from their likenesses constitutes an anti-competitive restraint of trade without corresponding benefits.  As noted previously on this blog, the players are seeking an injunction in order to lift the NCAA’s prohibition on … Continue Reading

Experts: NCAA Not A Cartel

Posted in Federal Court Litigation, Negotiations, Quick Hits
Yesterday, an anti-trust expert testified in the Ed O’Bannon trial that the National Collegiate Athletic Association’s agreement with its member conferences to not pay wages to student athletes is a joint venture, as opposed to a cartel.  Daniel Rubinfeld, a professor at the New York University School of Law, testified on behalf of the NCAA that … Continue Reading

NLRB Chairman Responds to Supreme Court’s Noel Canning Decision

Posted in Federal Court Litigation, NLRB Administration, NLRB Decisions, Presidential Appointments, SCOTUS
Moments ago, NLRB Chairman Mark Gaston Pearce issued the following statement in response to this morning’s Supreme Court decision invalidating the terms of the 2012 “recess” appointed Board Members: The Supreme Court has today decided the Noel Canning case.  We are analyzing the impact that the Court’s decision has on Board cases in which the … Continue Reading

Big 10 Head Testifies In O’Bannon Case

Posted in Federal Court Litigation, Quick Hits
Last week, Big Ten Commissioner James Delany testified that athletes agree to allow conferences to license their likenesses and personas gratis.  A waiver demonstrating that Big Ten student athletes allow the conference to license their names, images, and likenesses was also introduced as evidence during Mr. Delany’s testimony.  The waiver provides that neither the athletes nor … Continue Reading

USC President: Paying College Athletes A Bad Idea

Posted in Federal Court Litigation, Quick Hits
Yesterday, the President of the University of South Carolina, Harris Pastides, took the stand to testify in the long-running O’Bannon v. NCAA anti-trust trial.  Pastides, a member of the NCAA’s Board of Directors, stated that USC could be forced to pay players approximately $10 million per year if they were granted the same share of revenues as … Continue Reading