Labor Relations Today

Labor Relations Today

Tag Archives: Federal Court Litigation

@LRToday Morning Round-Up: December 11, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, State/Local Issues, Unions
Employees Can’t Intervene In Right To Work Suit, MI Judge Rules: Ben James of Law360 ($$) writes that earlier this week, a federal judge sitting in Michigan rejected four workers’ attempt to intervene in a case challenging the state’s controversial right-to-work law.  The workers alleged that they were compelled to pay union dues in order to keep… Continue Reading

Supreme Court Hears Argument on Legality of Neutrality Agreements

Posted in Card Check, Corporate Campaigns, Federal Court Litigation, NLRA, Representation Elections, SCOTUS
Yesterday the Supreme Court heard oral argument in UNITE HERE Local 355 v. Mulhall involving the issue of whether the Labor-Management Relation Act’s prohibition on employers from providing a union with any "thing of value" extends to the promises an employer makes in a neutrality agreement. Last year the Eleventh Circuit held that "organizing assistance… Continue Reading

@LRToday Morning Round-Up: November 4, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Misc., Unfair Labor Practices, Unions
Judge Approves NFL Class Settlement: Alex Lawson of Law360 ($$) writes that last Friday, a federal judge in Minnesota approved a multi-million dollar settlement between the National Football League and a group of retired players, who had contended that the NFL was violating their publicity rights.  Judge Paul A. Magnuson noted that the $42million settlement is appropriate and will greatly… Continue Reading

@LRToday Morning Round-Up: September 24, 2013

Posted in Federal Court Litigation, Interest Arbitration, Media Round-Up, Negotiations, State/Local Issues, Unions
8th Circuit Sides With NFL Union: David McAfee of Law 360 ($$) writes that yesterday, the Eighth Circuit affirmed a lower court’s ruling and sided with the NFL Players’ Union in a dispute with a purported class of NFL Retirees.  The retirees had claimed that the players union had unfairly provided for them in the most recent collective bargaining agreement… Continue Reading

@LRToday Morning Round-Up: September 23, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, Pensions, State/Local Issues, Unions
8th Circuit Grants Request for Injunction to Stop Home Care Union Law: Abigail Rubenstein of Law360 ($$) writes that this past Thursday, the Eighth Circuit granted a request for an injunction filed on behalf of twelve home care workers by the National Right to Work Defense Foundation, which effectively halted the implementation of Minnesota’s new law allowing… Continue Reading

Senate Committee Approves Nomination of Richard Griffin to NLRB General Counsel Post

Posted in Federal Court Litigation, Filibuster, NLRB Administration, Presidential Appointments, Senate, White House
As expected, following its hearing yesterday, the Senate Health, Education, Labor & Pensions Committee approved the nomination of Richard Griffin to become General Counsel of the National Labor Relations Board by a largely party-line vote, 13-9.  According to press accounts, HELP Committee Chair Sen. Tom Harkin (D-IA) asserted that the "abundantly qualified" Mr. Griffin’s confirmation… Continue Reading

NLRB General Counsel Nominee Before Senate Committee This Morning

Posted in Bush Board Reversal, Federal Court Litigation, NLRB Administration, Presidential Appointments, Senate, White House
At 10:00 this morning, the Senate Health, Education, Labor & Pensions Committee will convene a hearing in Executive Session for consideration of President Obama’s nomination of Richard Griffin to serve as General Counsel of the National Labor Relations Board. The General Counsel serves a 4-year term, and  is responsible for the investigation and prosecution of unfair… Continue Reading

@LRToday Morning Round-Up: September 17, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRA, Presidential Appointments, SCOTUS, State/Local Issues, Unions
Board Argues SCOTUS Should Reverse Noel Canning Ruling: Abigail Rubenstein of Law360 ($$) writes that this past Friday, the National Labor Relations Board (NLRB or the Board) submitted its Brief to the Supreme Court of the United States, arguing that the D.C. Circuit’s January 2013 Noel Canning decision was in error.  In pertinent part, the Board’s Brief argues… Continue Reading

@LRToday Morning Round-Up: September 12, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, Representation Elections, State/Local Issues, Unions
Judge Upholds WI Collective Bargaining Law: David McAfee of Law360 ($$) writes that yesterday, a Wisconsin federal judge ruled that the state’s law that effectively nixed government workers’ collective bargaining rights was constitutional.  Opponents had argued that the law interfered with workers’ right to associate.  Judge Conley, however, disagreed, further holding that the law did not… Continue Reading

@LRToday Morning Round-Up: September 5, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, State/Local Issues, Unions
NFL Retirees Upset at Settlement: Stewart Bishop at Law360 ($$) writes that a group of retired NFL players are objecting to a proposed settlement regarding a publicity rights class action lawsuit filed against the NFL.  The settlement, worth $42million, is not adequate according to the players because there is no guarantee that they will benefit from the deal.… Continue Reading

D.C. Circuit Denies NLRB’s Petition for Rehearing on Notice Posting Ruling

Posted in Federal Court Litigation, NLRA, NLRB Rule-Making
Yesterday the Court of Appeals for the District of Columbia Circuit issued two, one-sentence orders denying the National Labor Relations Board’s requests for a rehearing in National Association of Manufacturers v. NLRB, in which the D.C. Circuit vacated the NLRB’s notice-posting rule issued by the Board. The NLRB’s notice-posting rule required most private employers to… Continue Reading

4th Circuit Revives “Sham Litigation” Suit Against UFCW

Posted in Federal Court Litigation
Yesterday, the Fourth Circuit held that the Noerr-Pennington doctrine cannot shield parties who file a slew of lawsuits against another party that turn out to be meritless. In ruling in Waugh Chapel South, LLC v. United Food and Commercial Workers, the Fourth Circuit overturned a dismissal by the district court, holding that genuine issues of material… Continue Reading

@LRToday Morning Round-Up: August 22, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, Representation Elections, Unions
Retired NFL Players Launch New Class Action: Ama Sarfo of Law360 ($$) writes that this past Tuesday, 10 former NFL players filed a class action lawsuit against the NFL, alleging that a settlement negotiated last April regarding the players’ image rights in inadequate. “NFL Films has unlawfully foreclosed class members from receiving compensation in connection with NFL Films’ commercial… Continue Reading

Another Setback for the NLRB: Federal District Court Invalidates the Acting General Counsel’s Appointment

Posted in Federal Court Litigation, NLRA, Presidential Appointments, Unfair Labor Practices
In a four page decision in Hooks v. Kitsap Tenant Support Services, Inc., Case No. C13-5470 BHS (W.D. Wash. Aug. 13, 2013), Judge Benjamin H. Settle of the United States District Court for the Western District of Washington granted the employer’s motion to dismiss the National Labor Relations Board’s petition for injunctive relief under Section 10(j)… Continue Reading

Sixth Circuit Upholds NLRB’s Specialty Healthcare Decision Allowing Micro-Unions

Posted in Federal Court Litigation, NLRA, NLRB Decisions, Representation Elections
The Sixth Circuit Court of Appeals affirmed the National Labor Relations Board’s decision in Specialty Healthcare, 357 NLRB No. 83 (2011), in which the Board overruled 20 years of practice regarding how it determines the "appropriate unit" in non-acute health care facilities. In addition, and more importantly, Specialty Healthcare permits unions to petition for smaller… Continue Reading

@LRToday Morning Round-Up: August 14, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Misc., Unions
Board Argues it Can Assert Jurisdiction Over Tribal Casinos: Ben James at Law360 ($$) writes that Monday, the National Labor Relations Board (NLRB) submitted a brief to the Sixth Circuit Court of Appeals providing that the Board could properly assert its jurisdiction over a Tribal Casino in Michigan.  The Board’s brief explained that it had applied the now-established standard… Continue Reading

@LRToday Morning Round-Up: August 13, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Administration, Presidential Appointments, Senate, State/Local Issues, Unions
Sixth Circuit Casts Doubt on Validity of Emergency Manager Law: David McAfee of Law360 ($$) reports that last Friday, the Sixth Circuit Court of Appeals provided that the Michigan Legislature may have run afoul of the state’s constitution by expanding its "emergency manager" law.  The emergency manager law expansion, passed last year by the legislature, purports to give state-appointed emergency… Continue Reading

@LRToday Morning Round-Up: August 9, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, Unions
Childcare Workers Fighting Not to Unionize: Abigail Rubenstein of Law360 ($$) writes that a group of childcare providers out of the state of Minnesota have petitioned a federal judge to halt the implementation of a new state law that would permit in-home care providers to unionize.  The law, signed by Governor Mark Dayton this past May,… Continue Reading

@LRToday Morning Round-Up: July 30, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Administration, Pensions, Presidential Appointments, Senate, Unions, White House
Michigan AG Enters Detroit Bankruptcy Fray: Maria Chutchian of Law360 ($$) reports that Michigan Attorney General Bill Schuette has come to the aid of retirees who have been caught in the black hole of the Detroit Bankruptcy. Yesterday, Schuette stated that any attempts to decrease retirees’ pensions in response to the city’s bankruptcy filing would be illegal,… Continue Reading

What to Expect From the Incoming National Labor Relations Board

Posted in Department of Labor, Expedited Elections, Federal Court Litigation, Filibuster, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Representation Elections, SCOTUS, Senate, Unions, White House
Following last week’s deal to avoid the so-called "Nuclear Option," the Senate HELP Committee will hold hearings tomorrow on the newest nominees to the National Labor Relations Board. Assuming the nominees are approved by the committee in a Wednesday morning vote, a full complement of Board Members is likely to be confirmed by the full Senate as early… Continue Reading

@LRToday Morning Round-Up: July 19, 2013

Posted in Federal Court Litigation, Media Round-Up, Representation Elections, Unions
KY Hospital Goes After SEIU RoboCalls: Juan Carlos Rodriguez of Law360 ($$) writes that King’s Daughters Medical Center (KDMC) in Kentucky has asked the U.S. Supreme Court to rule on whether the Service Employees International Union (SEIU) has violated the Telephone Consumer Protection Act (TCPA) by robocalling local homes regarding KDMC’s alleged mistreatment of union employees. The Sixth Circuit held that… Continue Reading

Fourth Circuit Joins D.C. and Third Circuits, Holds NLRB Recess Appointments Invalid

Posted in Federal Court Litigation, NLRA, NLRB Administration, NLRB Decisions, NLRB Misc., Presidential Appointments, SCOTUS
Just one day after the Senate’s filibuster compromise paving the way to a five member National Labor Relations Board, the Fourth Circuit issued a 2-1 decision in NLRB v. Enterprise Leasing Company Southeast, LLC, Case No. 12-1514 (4th Cir. July 17, 2013), holding that the President’s recess appointments to the NLRB are invalid. Agreeing with… Continue Reading

Senate Nuclear Option Compromise Opens Door to National Labor Relations Board Confirmations by Next Month

Posted in Federal Court Litigation, Filibuster, NLRB Administration, SCOTUS, Senate, White House
After a long-evolving bit of brinksmanship over the continuing use of the filibuster in the Senate, a deal reportedly has been struck which paves the way for a five-member National Labor Relations Board to be seated near the end of the summer. Numerous media outlets report that the Senate this morning agreed to allow a… Continue Reading

@LRToday Morning Round-Up: July 16, 2013

Posted in Federal Court Litigation, Filibuster, Media Round-Up, Negotiations, NLRB Misc., Presidential Appointments, SCOTUS, Senate, Unions, White House
Third Circuit Tables Becker Appeal Until SCOTUS Ruling: Ben James of Law360 ($$) reports that yesterday, the Third Circuit Court of Appeals decided to place a hold on the National Labor Relations Board’s (NLRB) appeal of the court’s decision holding that former member Craig Becker’s recess appoint was constitutionally improper as it waits for the Supreme Court to rule… Continue Reading

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