Labor law
As the arbitrator's order deprived the union of a right that was waiveable under the Act, and there was no palpable error, the Board should have upheld the arbitration ruling.
Verizon New England Inc. v. NLRB
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.
Showing posts with label Labor Law. Show all posts
Showing posts with label Labor Law. Show all posts
DC Circuit: NLRB v. Southwest Regional Council
Labor Law
Board did not distinguish precedent to the contrary when holding that presence of management in the room during the signing of representation cards was an unfair labor practice.
NLRB v. Southwest Regional Council
Second Circuit: N.Y.C. & Vicinity Dist. Council of the United Bhd. of Carpenters v. Ass’n
Labor Law, Arbitration
When an employer organization has an agreement with an International union, and that agreement contradicts elements of the Local's court-supervised contract, an arbitration award allowing the employers to follow the agreement with the International is within socpe, entitled to deference, and does not violate public policy.
The arbitrator's finding does present a question of whether the court-approved Local contract was approved with insufficient information.
N.Y.C. & Vicinity Dist. Council of the United Bhd. of Carpenters v. Ass’n
When an employer organization has an agreement with an International union, and that agreement contradicts elements of the Local's court-supervised contract, an arbitration award allowing the employers to follow the agreement with the International is within socpe, entitled to deference, and does not violate public policy.
The arbitrator's finding does present a question of whether the court-approved Local contract was approved with insufficient information.
N.Y.C. & Vicinity Dist. Council of the United Bhd. of Carpenters v. Ass’n
Eleventh Circuit: Crew One Productions, Inc. v. National Labor Relations Board
Labor, Employment, Agency
Given hiring agency's lack of control over stage hands on the job and several other factors, NRLB certification of an exclusive representative was not supported by substantial evidence.
http://media.ca11.uscourts.gov/opinions/pub/files/201510429.pdf
Given hiring agency's lack of control over stage hands on the job and several other factors, NRLB certification of an exclusive representative was not supported by substantial evidence.
http://media.ca11.uscourts.gov/opinions/pub/files/201510429.pdf
Second Circuit: Lynch v. Ackley
First Amendment, S 1983
Qualified immunity for deft in police labor dispute, as:
Telling reporters to investigate the officer's civil rights complaints was an exercise of speech rights.
Unclear as to whether filing union grievance is a matter of public concern.
No showing of sufficient nexus on free association retaliation.
http://www.ca2.uscourts.gov/decisions/isysquery/8d2937c2-ab0e-4998-8a3a-4d871f79f592/1/doc/14-3751_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/8d2937c2-ab0e-4998-8a3a-4d871f79f592/1/hilite/
Qualified immunity for deft in police labor dispute, as:
Telling reporters to investigate the officer's civil rights complaints was an exercise of speech rights.
Unclear as to whether filing union grievance is a matter of public concern.
No showing of sufficient nexus on free association retaliation.
http://www.ca2.uscourts.gov/decisions/isysquery/8d2937c2-ab0e-4998-8a3a-4d871f79f592/1/doc/14-3751_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/8d2937c2-ab0e-4998-8a3a-4d871f79f592/1/hilite/
Sixth Circuit: Jason Blesedell v. Chillicothe Telephone Company
Labor, defamation
No arbitrary breach of the duty of fair representation by the union, as the lack of advocacy stemmed from union's considered adverse decisions on credibility.
No actual malice in statements about plaintiff, as conclusions were reasonable from facts.
http://www.ca6.uscourts.gov/opinions.pdf/16a0016p-06.pdf
No arbitrary breach of the duty of fair representation by the union, as the lack of advocacy stemmed from union's considered adverse decisions on credibility.
No actual malice in statements about plaintiff, as conclusions were reasonable from facts.
http://www.ca6.uscourts.gov/opinions.pdf/16a0016p-06.pdf
DC Circuit: DHL Express, Inc. v. NLRB
Labor
Mixed use space ruling contested at ALJ stage, but not before Board - issue (apparently somewhat) preserved for appeal.
Substantial evidence for Board finding that hallway is a mixed-use area.
https://www.cadc.uscourts.gov/internet/opinions.nsf/A5D074B128A1960A85257F41006AF48E/$file/12-1072-1594886.pdf
Mixed use space ruling contested at ALJ stage, but not before Board - issue (apparently somewhat) preserved for appeal.
Substantial evidence for Board finding that hallway is a mixed-use area.
https://www.cadc.uscourts.gov/internet/opinions.nsf/A5D074B128A1960A85257F41006AF48E/$file/12-1072-1594886.pdf
Tenth Circuit: NLRB v. Community Health Services
Labor
Deference to NRLB award of back pay without offset for interim wage where the employee was adversely affected, but employment didn't end, so there was no explicit duty to mitigate.
Dissent: No basis in statute for the purposes outlined by the adjudication.
https://www.ca10.uscourts.gov/opinions/14/14-9614.pdf
Deference to NRLB award of back pay without offset for interim wage where the employee was adversely affected, but employment didn't end, so there was no explicit duty to mitigate.
Dissent: No basis in statute for the purposes outlined by the adjudication.
https://www.ca10.uscourts.gov/opinions/14/14-9614.pdf
Third Circuit: In Re Trump Entertainment Resorts
Labor / Bankruptcy
The Bankruptcy Code provisions referencing CBAs apply to the terms of the prior CBA left in place after the end of a prior CBA -- the District Court therefore had jurisdiction under the Code to allow modification of the terms of the agreement, subject to the close scrutiny of the court.
http://www2.ca3.uscourts.gov/opinarch/144807p.pdf
The Bankruptcy Code provisions referencing CBAs apply to the terms of the prior CBA left in place after the end of a prior CBA -- the District Court therefore had jurisdiction under the Code to allow modification of the terms of the agreement, subject to the close scrutiny of the court.
http://www2.ca3.uscourts.gov/opinarch/144807p.pdf
Fifth Circuit: Bd. of Trs. Local 392 v. B&B Mech. Servs.
Labor - agency.
Employer's membership in trade negotiating organization sufficed to bind it to the CBA, even though written authorization to bind the employer was never issued.
Secondary certification writings incorporated the unexpired CBA.
http://www.ca6.uscourts.gov/opinions.pdf/15a0301p-06.pdf
Employer's membership in trade negotiating organization sufficed to bind it to the CBA, even though written authorization to bind the employer was never issued.
Secondary certification writings incorporated the unexpired CBA.
http://www.ca6.uscourts.gov/opinions.pdf/15a0301p-06.pdf
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