Labor Relations Today

Labor Relations Today

Category Archives: Federal Court Litigation

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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

Noel Canning Decision Expected this Month

Posted in Federal Court Litigation, NLRA, NLRB Administration, Presidential Appointments, Quick Hits, SCOTUS, White House
According to multiple news outlets, a decision in NLRB v. Noel Canning is expected this month as the Supreme Court’s current term comes to an end on June 30. In Noel Canning the Court of Appeals for the District of Columbia Circuit held that President Obama’s intrasession recess-appointments to the National Labor Relations Board were unconstitutional because they were … Continue Reading

Feds Argue Propriety Of Neutrality Pacts

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
The U.S. Department of Justice, the U.S. Department of Labor, and the National Labor Relations Board filed a joint statement of interest in the ongoing litigation surrounding the propriety of a “neutrality pact” between the United Auto Workers and Volkswagen this week, arguing that the pact did not violate the Labor Management Relations Act.  In … Continue Reading

UAW Looks To Nix Neutrality Pact Suit

Posted in Federal Court Litigation, NLRA, Quick Hits, Representation Elections, Unions
Last Friday, the United Auto Workers (UAW) filed a motion to dismiss in its current lawsuit against three anti-union Volkswagen plant workers, arguing that the union’s neutrality pact with VW did not violate federal anti-bribery provisions.  The workers alleged in pertinent part that a pre-election neutrality agreement brokered between the UAW and VW amounted to … Continue Reading

Kellogg’s Lockout In Court

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices, Unions
This morning, a federal judge in Tennessee will begin to hear testimony regarding whether Kellogg’s illegally locked out workers at its Memphis, TN plant.  The lockout, now in its seventh month, has kept Kellogg’s employees without paychecks since October of 2013.  The union contends that Kellogg’s is planning to bring in cheaper labor in violation of … Continue Reading

@LRToday Morning Round-Up: April 4, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRA, NLRB, Remedies, Representation Elections, Unfair Labor Practices, Unions
NW Football Election Set For April 25: Abigail Rubenstein of Law360($$) reports that Northwestern University football players will vote on April 25 of this year on whether to be represented by a union.  The election date was confirmed yesterday by National Labor Relations Board regional director Peter Sung Ohr.  Importantly, the results may stay secret for some … Continue Reading

@LRToday Morning Round-Up: April 1, 2014

Posted in Federal Court Litigation, House of Representatives, Media Round-Up, Negotiations, NLRA, NLRB, Representation Elections, Unions
Michigan Judge Allows Portions Of Right To Work Suit To Go Forward: Abigail Rubenstein of Law360 ($$) writes that yesterday, a federal judge sitting in Michigan issued a mixed ruling in a suit brought by several labor unions challenging Michigan’s "right to work" law.  U.S. District Judge Stephen J. Murphy III dismissed two of plaintiffs’ theories, but … Continue Reading

@LRToday Morning Round-Up: March 18, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRA, NLRB, Pensions, Representation Elections, Unions
Board Argues Jurisdictional Authority In 10th Circuit: Natalie Rodriguez of Law360 ($$) writes that yesterday, the National Labor Relations Board filed a brief with the Tenth Circuit, arguing that the court should compel the Chickasaw Nation to submit to the Board’s jurisdiction.  The brief further provides that the court should direct the Chickasaw Nation to tell its … Continue Reading

@LRToday Morning Round-Up: March 14, 2014

Posted in Federal Court Litigation, Media Round-Up, NLRB, Remedies, Representation Elections, Unfair Labor Practices, Unions
Board Seeks Rehearing On 5th Circuit’s D.R. Horton Ruling: Abigail Rubenstein of Law360 ($$) writes that yesterday, the National Labor Relations Board asked the 5th Circuit to rehear the appeal of the Board’s now-infamous D.R. Horton decision.  Arguing that the 5th Circuit had misinterpreted Supreme Court precedent, the Board’s position appears to be that the cases the 5th Circuit relied … Continue Reading

Suit Claims UAW/VW Neutrality Agreement Violates LMRA

Posted in Federal Court Litigation
Wednesday, three employees of Volkswagen Group of America (VW) working at the company’s Chattanooga, TN plant filed suit against the German automaker and the United Auto Workers (UAW), alleging that a neutrality agreement brokered between VW and UAW violated Section 302 of the Labor Management Relations Act (LMRA).  Burton v. Auto Workers, E.D. Tenn., No. 14-cv-76.  Section 302 … Continue Reading

@LRToday Morning Round-Up: February 19, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Misc., Representation Elections, State/Local Issues, Unions
Philly Ironworkers Hit With RICO Suit: Ben James of Law360 ($$) writes that 10 members of Philadelphia Ironworkers Local 401 (the union) have been charged with various crimes relating to their attempts to coerce contractors into hiring union labor.  Those charges range from racketeering to arson.  “While unions have the right to legally advocate on behalf of their members, … Continue Reading

@LRToday Morning Round-Up: February 10, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Misc., Representation Elections, State/Local Issues, Unions
MI Judge Clears Way For Grad Student Union: Ben James of Law360 ($$) writes that last week, a federal judge sitting in Michigan found that a Michigan state law forbidding graduate assistants at public universities from forming labor unions violated state law.  In particular, the judge reasoned that the anti-union law violated a clause in the Michigan constitution … Continue Reading

@LRToday Morning Round-Up: February 6, 2014

Posted in Federal Court Litigation, Media Round-Up, NLRB Misc., Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
HealthBridge Fighting NLRB Stay Motion: Joshua Alston of Law360 ($$) writes that yesterday, HealthBridge Management, LLC filed a letter with a New Jersey bankruptcy judge to turn down a motion filed by the National Labor Relations Board (NLRB) that would stay the judge’s previous order allowing the company to ignore an expired collective bargaining agreement. “It is no mistake … Continue Reading

@LRToday Morning Round-Up: February 5, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Misc., Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
Non-Union Employees File Class Action Against SEIU: Michael Lipkin of Law360 ($$) writes that late last week, a group of non-union California civil servants filed a putative class action against the Service Employees International Union (SEIU).  In pertinent part, the suit alleges that the SEIU has been illegally deducting money for political activities from employees’ wages unless … Continue Reading

Supreme Court Lets Stand Ruling that NLRB Has “Unreviewable Authority” to Investigate Employers Subject to the Railway Labor Act

Posted in Federal Court Litigation, NLRB, NLRB Misc., RLA, SCOTUS, Unfair Labor Practices
On January 27, 2014, the Supreme Court dealt a blow to employers in the railway and airlines industries as it let stand an Eleventh Circuit decision in Amerijet International, Inc. v. NLRB, 520 Fed. Appx. 795 (11th Cir. 2013). The decision confirmed that the National Labor Relations Board (NLRB) has "the unreviewable authority to initially … Continue Reading

@LRToday Morning Round-Up: January 31, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, Pensions, State/Local Issues, Unfair Labor Practices, Unions
Transport Workers Hit With Class Action: Michael Lipkin of Law360 ($$) writes that a former employee of American Airlines has sued the Transport Workers Union of America with a putative class action.  The suit, filed yesterday in Texas federal court, alleges that the union failed to give retiring workers the stock options they were owed under … Continue Reading

@LRToday Morning Round-Up: January 24, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRA, NLRB Misc., Remedies, Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
Title VII Applies to Labor Unions, Says 7th Circuit: Kat Greene of Law360 ($$) writes that yesterday, the Seventh Circuit Court of Appeals overturned a district court ruling that held that Title VII did not apply to labor unions.  In pertinent part, the Seventh Circuit determined that the district court did not "fully consider" the rationale behind the law when … Continue Reading

@LRToday Morning Round-Up: January 21, 2014

Posted in Card Check, Federal Court Litigation, Media Round-Up, Negotiations, NLRB Misc., Representation Elections, Unfair Labor Practices, Unions
Del Monte Pushes For Dismissal Of Torture Case: Nathan Hale of Law360 ($$) writes that last Friday, Fresh Del Monte Products argued that the Eleventh Circuit Court of Appeals should affirm the dismissal of a claim brought by union leaders claiming they were tortured in Guatemala.  In pertinent part, the company contended that the case should … Continue Reading

@LRToday Morning Round-Up: January 15, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Administration, Pensions, Remedies, Social Media, State/Local Issues, Unfair Labor Practices, Unions
ALJ Finds Dress Policy Unlawful: Ben James of Law360 ($$) writes that this past Monday, a National Labor Relations Board Administrative Law Judge found that a Massachusetts Honda dealer’s dress policy violated the National Labor Relations Act.  The ALJ also held that the dealer had further maintained unlawful policies in its handbook regarding social media, although those … Continue Reading