Labor Relations Today

Labor Relations Today

Category Archives: Federal Court Litigation

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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

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