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Labor Relations Today

Category Archives: Federal Court Litigation

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@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

@LRToday Morning Round-Up: January 14, 2014

Posted in Federal Court Litigation, House of Representatives, Media Round-Up, NLRB Misc., Representation Elections, Unions
Labor Committee Dem To Retire: Abigail Rubenstein of Law360 ($$) writes that Representative George Miller, a Democrat from California, announced yesterday that he will be retiring from public service and will not be seeking re-election in the fall.  Miller, a congressman for forty years, is currently the highest-ranking Democrat on the House Education and Workforce Committee.  Some of … Continue Reading

Labor Relations Today Releases ‘Labor Law 2013: A Year in Review’

Posted in Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Filibuster, Government Contracting, House of Representatives, Legislation, Negotiations, NLRA, 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 2013: A Year In Review.  This marks the third straight year that we have produced this annual review of developments in traditional labor law and labor-management relations.  2013 began with unprecedented uncertainty, as several federal courts repudiated the authority of the National Labor Relations Board … Continue Reading

Separation of Powers Dominates Noel Canning Arguments Before the Supreme Court

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Senate
Separation of powers between the executive and legislative branches took the forefront during this morning’s Supreme Court argument in NLRB v. Noel Canning, which involves the issue of whether President Obama’s recess appointments to the National Labor Relations Board were valid. In Noel Canning the Court of Appeals for the District of Columbia Circuit held that President … Continue Reading

Supreme Court Hears Arguments on Recess Appointments to the NLRB

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS
This morning the Supreme Court will hear oral arguments in NLRB v. Noel Canning involving the validity of the president’s recess appointments to the National Labor Relations Board. 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 … Continue Reading

National Labor Relations Board Drops Notice Posting Requirement

Posted in Executive Orders, Federal Court Litigation, Government Contracts, NLRA, NLRB Rule-Making, Unfair Labor Practices
Earlier this week, the National Labor Relations Board (NLRB) announced its decision not to seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the Board’s August 2011 Notice Posting Rule.  That new rule would have required most private sector employers to post a notice of employee rights in the workplace. Under the rule, … Continue Reading

@LRToday Morning Round-Up: January 7, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, State/Local Issues, Unions
Retirees Ask Judge To Approve NFL Concussion Settlement: Greg Ryan of Law360 ($$) writes that a group of retired NFL players who have sued the League over issues related to concussions have asked a federal judge in Pennsylvania to preliminarily approve a $760 million settlement.  Under the terms of the proposed deal, the NFL will also be on the hook … Continue Reading

@LRToday Morning Round-Up: January 3, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, State/Local Issues, Unions
Pilots Union Seeks To Overturn Arbitration Decision: Erin Coe of Law360 ($$) writes that yesterday, the US Airlines Pilots Association sued US Airways in Pennsylvania federal court in an attempt to vacate a 2010 arbitration award.  The award, entered by the System Board of Adjustment in August of 2010, denied the union a requested 3% pay raise.  The union … Continue Reading

@LRToday Morning Round-Up: December 30, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Misc., Remedies, Unfair Labor Practices, Unions
Judge Holds Healthbridge In Contempt: The Milford Mirror reports that last week, a U.S. District Court judge found management officials at Healthbridge in contempt of court.  The judge further ordered the company to pay back wages and benefits to over 600 nurses and support staff working for five separate Connecticut nursing homes.  The judge’s contempt finding … Continue Reading

@LRToday Morning Round-Up: December 19, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, Unions
Judge Gives MLB Green Light To Depose Rodriguez’s Cousin: Carolina Bolado of Law360 ($$) writes that yesterday, a Florida appeals court held that Yuri Sucart, the cousin of controversial New York Yankees star Alex Rodriguez, must submit to a deposition conducted by Major League Baseball (MLB).  In making its ruling, the Third District Court of Appeal ruled that … Continue Reading

@LRToday Morning Round-Up: December 17, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, Unions
Wisc. AG Fighting To Affirm Act 10: Ben James of Law360 ($$) writes that last week, the Wisconsin Attorney General filed a brief with the Seventh Circuit on behalf of Wisconsin Governor Scott Walker, asserting that the court should reject a challenge to Act 10.  The brief argued that Act 10, the state’s controversial law that stripped almost … Continue Reading