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Labor Relations Today

Category Archives: Federal Court Litigation

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Sixth Circuit Panel Criticizes NLRB Jurisdiction Over Indian Tribes, But Affirms Exercise

Posted in Federal Court Litigation, House of Representatives, NLRA, NLRB, Senate
When Congressional Subcommittee Chairman Phil Roe (R-TN) commenced a hearing last month on the Tribal Labor Sovereignty Act of 2015 (H.R. 511), he explained: The subjective nature of the [NLRB]’s process for determining jurisdiction has also produced a mess of legal confusion. Years of litigation have produced inconsistent and misguided board decisions, compounding the uncertainty… Continue Reading

The Road Ahead: Top 10 Labor Issues to Watch in the Back Half of 2015

Posted in Amici Briefs, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, NLRA, NLRB, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Representation Elections, Senate, State/Local Issues
road ahead1.  Will the Courts Uphold the New Expedited Election Rules? The National Labor Relation Board’s new expedited election rules took effect on April 14, 2015, but not before two lawsuits could be filed seeking to invalidate them in January 2015. The first lawsuit was filed by business groups, including the U.S. Chamber of Commerce, in… Continue Reading

Second Circuit: Transgender Discrimination Allegations State Duty of Fair Representation Claim Against Union

Posted in Federal Court Litigation, NLRA, Unions
The Court of Appeals for the Second Circuit recently reinstated a transgender construction worker’s duty of fair representation claims against an ironworkers union and two of its business agents.  In Fowlkes v. Ironworkers Local 40, et al., No. 12-336-cv (2d Cir. June 19, 2015), the appellate court held that the lower court was wrong to… Continue Reading

Student-Athletes Continue Push for “Employee” Status

Posted in Federal Court Litigation, NLRA, NLRB, Representation Elections
public-domain-images-archive-high-quality-resolution-free-download-splitshire-0008While student-athletes continue to prosecute their antitrust challenges to the NCAA, student athletes continue to fight a second front against the NCAA and its member institutions with legal challenges asserting that student athletes are employees and are thus entitled to all the benefits and protections of such status under federal and state laws. In October… Continue Reading

Associated Builders Appeal Quickie Election Decision

Posted in Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Quick Hits
In a move that surprised absolutely nobody, business coalitions challenging the National Labor Relations Board’s controversial “quickie election” rules announced that they will appeal this week’s ruling out of Texas finding that the groups failed to prove that the rule violated both the Administrative Procedure Act and the National Labor Relations Act.  [Notice of Appeal]… Continue Reading

Board Fights Back Against Quickie Election Challenge

Posted in Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Quick Hits, Representation Elections
The National Labor Relations Board filed a notice of supplemental authority with the D.C. Circuit in defense of the Board’s controversial “quickie election” rules, arguing that the court’s recent decision in Nam v. Perez should govern the instant matter: “The [NAM v. Perez] decision … addresses and rejects arguments substantially identical to those raised by… Continue Reading

Board Pushes For Enforcement of Controversial Facebook Decision

Posted in Federal Court Litigation, NLRB, NLRB Decisions, Quick Hits, Unfair Labor Practices
Late last week, the National Labor Relations Board asked the U.S. Court of Appeals for the D.C. Circuit to uphold the Board’s ruling that Bettie Page Clothing unlawfully terminated three employees for criticizing their manager on Facebook.  [Reply Brief].  In its April 2013 decision, the Board held that the terminated employees were engaged in protected… Continue Reading

Coalitions Opposed To Quickie-Election Regs Address Ripeness Issue

Posted in Federal Court Litigation, NLRB, NLRB Administration, Quick Hits
Last week, a business coalition seeking to nix [sub. req.] the National Labor Relations Board’s controversial new quickie-election regulations filed post-hearing letters in Texas district court, contending that their claim against the rules has undoubtedly ripened because the rule has now been implemented.  The regulations went live on April 14th: since that date, more than 140 election petitions have… Continue Reading

UFCW To Seek Injunction Against Walmart

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Unfair Labor Practices, Unions
The New York Times is reporting that the United Food and Commercial Workers union (UFCW) will seek an injunction today against Walmart, which would require the big-box giant to rehire over 2,000 workers affected by five separate store closures.  Walmart closed the five stores last week temporarily as a result of plumbing issues. The retailer has… Continue Reading

Chamber Fires Another Round At Quickie Election Rules

Posted in Federal Court Litigation, House of Representatives, NLRA, NLRB, NLRB Rule-Making, Quick Hits, Representation Elections, Senate, Unions, White House
This week, the U.S. Chamber of Commerce and other trade groups filed a Motion in the U.S. District Court for the District of Columbia, arguing that the National Labor Relations Board’s “quickie election” rules should be invalidated. The rules, which were published at the end of last year in the Federal Register, would allow a… Continue Reading

Longshoremen Hit With $60K Fine

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Remedies, Unfair Labor Practices, Unions
Last week, U.S. District Court Judge Michael Simon ordered the International Longshore and Warehouse Union to pay almost $60,000 to the National Labor Relations Board because the union engaged in unlawful activity at the Port of Portland.  Per a ruling from Judge Simon rendered in 2012, the union organized a work slowdown while in the midst of a… Continue Reading

NLRB to Begin Training Staff on New Quickie Election Rules

Posted in Federal Court Litigation, NLRB, NLRB Administration, NLRB Rule-Making, Representation Elections, White House
The National Labor Relations Board’s new election rules go into effect April 14, and Deputy General Counsel Jennifer Abruzzo announced ($) that training on those rules for regional office employees will begin in Washington on March 16. The NLRB’s regional offices will also offer educational meetings to labor law practitioners March 23 through April 13. The… Continue Reading

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