The reasoning behind a National Labor Relations Board official's recent decision dismissing a union representation petition due to a pending case in which prosecutors are seeking a bargaining order could delay representation for workers in some circumstances and change how unions respond to unfair labor practices, experts said.
The U.S. Supreme Court appears likely to hold that the courts' traditional factors apply when the National Labor Relations Board pursues injunctions, though it's unclear from Tuesday's argument how closely it will direct courts to examine a key factor: the strength of the board's case.
The U.S. Supreme Court will hear arguments Tuesday in a case that could make it tougher for the National Labor Relations Board to get rare injunctions to stop labor violations from trampling workers’ rights. Here, Law360 previews the arguments in Starbucks’ bid to unify the test the courts use to vet NLRB injunctions.
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The reasoning behind a National Labor Relations Board official's recent decision dismissing a union representation petition due to a pending case in which prosecutors are seeking a bargaining order could delay representation for workers in some circumstances and change how unions respond to unfair labor practices, experts said.
The U.S. Supreme Court appears likely to hold that the courts' traditional factors apply when the National Labor Relations Board pursues injunctions, though it's unclear from Tuesday's argument how closely it will direct courts to examine a key factor: the strength of the board's case.
The U.S. Supreme Court will hear arguments Tuesday in a case that could make it tougher for the National Labor Relations Board to get rare injunctions to stop labor violations from trampling workers’ rights. Here, Law360 previews the arguments in Starbucks’ bid to unify the test the courts use to vet NLRB injunctions.
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April 25, 2024
A Washington federal judge has ordered Amazon to comply with a U.S. Department of Labor subpoena seeking information about how much the company spent funding executives' travel to Staten Island, New York, to oppose a union organizing drive, saying the information is relevant to a DOL investigation.
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April 25, 2024
A Brooklyn federal judge expressed displeasure Thursday with how federal litigation between rival factions inside a nascent Staten Island, New York, union representing Amazon warehouse workers has been conducted, saying it has wasted time and raising the possibility of sanctions.
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April 25, 2024
A company that fuels airplanes at major U.S. airports asked a New York federal judge to dismiss a $157,000 suit accusing it of underfunding a Teamsters healthcare plan, saying the plan trustees filed the suit too late and can't prove the company owes the money.
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April 25, 2024
A group of workers at some of a blood collection nonprofit's locations in the Seattle area can vote on whether to unionize with a Teamsters local, a National Labor Relations Board official determined, rejecting the employer's claim that three more facilities should be included in the election.
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April 24, 2024
The U.S. Department of Labor recently determined that a subcontractor "repeatedly misclassified" employees who worked on 25 federal highway construction projects in Pennsylvania, according to a notice filed in Pennsylvania federal court Wednesday in a lawsuit against three construction firms.
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April 24, 2024
The Ninth Circuit said Wednesday that Starbucks must recognize its Seattle roastery workers' April 2022 vote to unionize, overruling the coffee giant's contention that ballots should have been cast in person and concluding a National Labor Relations Board manager had discretion to call the mail-in election because of COVID-19 case counts at the time.
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April 24, 2024
The National Labor Relations Board told a Texas federal judge it should disregard SpaceX's "last ditch" effort to keep a case challenging the employment agency's constitutionality in the Lone Star State, arguing that the rocket company is revisiting arguments the court already decided.
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April 24, 2024
The Tenth Circuit upheld on Wednesday the dismissal of a former U.S. Postal Service employee's duty of fair representation claims against a National Association of Letter Carriers affiliate in Colorado over the resolution of his termination grievance.
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April 24, 2024
A Kalamazoo, Michigan-based solar company must follow an arbitration board's order to remit unpaid wages to two workers and unpaid contributions to a group of union benefit funds, a Michigan federal judge ruled Wednesday.
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April 24, 2024
Ivy League schools may eliminate certain varsity sports if college athletes can unionize, the Ivy League athletic conference has told the National Labor Relations Board, urging the board to reverse a precedent-setting decision that allowed Dartmouth College's men's basketball team to unionize.
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April 24, 2024
Sun Country Airlines asked a Minnesota federal court to toss retaliation claims brought by the Teamsters on behalf of workers who were involved in an organizing drive, saying the union cannot bring allegations for employees who aren't named plaintiffs.
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April 23, 2024
California healthcare attorneys are preparing for the state's first cap on healthcare spending proposed by a new state office tasked with making care affordable. Industry leaders are sharply split on the viability of a proposed 3% target, which some say may ultimately do more harm than good for a state suffering from skyrocketing healthcare costs.
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April 23, 2024
The National Labor Relations Board urged the Ninth Circuit to uphold a decision in which it lessened the standard for issuing bargaining orders against employers who commit labor law violations in response to organizing, saying the revised approach will better deter unfair labor practices.
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April 23, 2024
An Apple Store in Oklahoma City has agreed to restore the sick time of workers who took off for COVID-19 since last August, pursuant to a recently announced settlement of an unfair labor practice charge filed by the workers' union.
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April 23, 2024
The successor owner of Washington state refinery argued the company isn't responsible for a back pay award to a worker fired after posting a meme, saying the previous owner, Shell, is liable for the payments in a United Steelworkers grievance and arbitration dispute.
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April 23, 2024
A National Labor Relations Board official has cleared instructors at a ski resort in the Seattle area to vote on union representation during the next ski season.
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April 23, 2024
King & Spalding LLP is boosting its global employment practice with the addition of a Kirkland & Ellis LLP partner who will be part of her new firm's Washington, D.C., office.
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April 22, 2024
The United Steelworkers and the nonprofit Asbestos Disease Awareness Organization called on the D.C. Circuit to review the U.S. Environmental Protection Agency's recent ban on the most prevalent variety of asbestos, with the union arguing the ban falls short by failing to provide certain interim protections.
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April 22, 2024
The National Labor Relations Board called on the Third Circuit on Monday to enforce an agency precedent shift over federal labor law protections for a single worker's actions on the job, arguing historical practice backs the board's analysis of concerted activity.
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April 22, 2024
A Connecticut federal judge on Monday threw out a suit against insurers Elevance Health Inc., Anthem Blue Cross Blue Shield and many of their subsidiaries, but said the trustees of two union health plans who claimed the companies were overpaying administrative and medical costs can try again.
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April 22, 2024
A Hyatt hotel near Wall Street urged a New York federal judge to find that certain agreements with "indefinite" terms between a hotel workers union and a previous operator of the hotel can't be enforced, saying those accords aren't part of labor contracts with a hotel association.
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April 22, 2024
A Pennsylvania federal judge should dismiss a union's attempt to force a benefits fight with a nuclear power plant operator into arbitration, the operator argued Monday, saying the dispute isn't arbitrable under the terms of the collective bargaining agreement.
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April 22, 2024
The Michigan Supreme Court said Monday a public-sector union cannot charge nonmembers a fee to receive union support in filing a grievance, ruling that doing so violates the organization's duty to fairly represent all employees when the union is the sole representative for workers.
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April 22, 2024
A New Jersey mall cleaning company violated federal labor law by firing two workers after they met with union organizers, the National Labor Relations Board has ruled, upholding an agency judge's decision.
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April 22, 2024
SpaceX mounted another challenge to the constitutionality of the National Labor Relations Board's structure in Texas federal court, telling the judge to stop administrative proceedings over an unfair labor practice complaint alleging the company's severance agreement is unlawful.