In the first court challenge to the National Labor Relations Board's landmark Cemex ruling, the Ninth Circuit grappled Monday with whether the labor board's new standard for issuing bargaining orders complies with a framework the U.S. Supreme Court set out more than 50 years ago.
The Ninth Circuit will hear arguments Monday in the first challenge to the National Labor Relations Board's revised approach to ordering employers that interfere with organizing drives to recognize and bargain with unions. Here, Law360 previews the hearing.
Stellantis has filed nearly a dozen lawsuits accusing the United Auto Workers of trumping up claims the company abandoned investment commitments it made in a labor contract, waging a contentious and public dispute experts said shows the union's attempt to steer the industry after its strike victory less than a year ago.
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In the first court challenge to the National Labor Relations Board's landmark Cemex ruling, the Ninth Circuit grappled Monday with whether the labor board's new standard for issuing bargaining orders complies with a framework the U.S. Supreme Court set out more than 50 years ago.
The Ninth Circuit will hear arguments Monday in the first challenge to the National Labor Relations Board's revised approach to ordering employers that interfere with organizing drives to recognize and bargain with unions. Here, Law360 previews the hearing.
Stellantis has filed nearly a dozen lawsuits accusing the United Auto Workers of trumping up claims the company abandoned investment commitments it made in a labor contract, waging a contentious and public dispute experts said shows the union's attempt to steer the industry after its strike victory less than a year ago.
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October 21, 2024
Starbucks should be ordered to bargain with Workers United at a Long Island, New York, cafe under the National Labor Relations Board's Cemex standard, an administrative law judge ruled Monday, finding the coffee giant illegally threatened and questioned workers in the lead-up to a representation vote.
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October 21, 2024
A group of 119 retired union firefighters for the city of Stamford, Connecticut, sued the city in state court Monday, seeking an injunction preventing the city from changing their healthcare benefits.
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October 21, 2024
A fan manufacturer is the latest employer to seek an injunction against a National Labor Relations Board case and raise allegations about the constitutionality of the agency's structure, with the company claiming the outcome of the administrative proceeding could threaten worker safety.
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October 21, 2024
Approximately 33,000 Boeing employees represented by the International Association of Machinists and Aerospace Workers will vote Wednesday on a tentative new labor contract that includes a 35% wage increase over four years, potentially ending a more than monthlong strike that hampered Boeing's production and cash flow.
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October 21, 2024
A National Labor Relations Board judge used the correct legal standard to clear Sean Penn's nongovernmental organization of allegations that Penn threatened to retaliate against employees who critiqued the disaster relief group's work, the group argued, asking the board to rethink its decision to vacate the judge's ruling.
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October 21, 2024
Technicians and other workers at an emergency vehicle maintenance company may vote on whether they want an International Association of Machinists local in Illinois to represent them, a National Labor Relations Board regional director concluded, blocking the company's bid for a larger bargaining unit.
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October 18, 2024
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Boeing Co. supplier Spirit AeroSystems Inc. said Friday that it will furlough 700 employees for three weeks to save costs as Boeing's production lines have ground to a halt amid a prolonged labor standoff with the International Association of Machinists and Aerospace Workers.
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October 18, 2024
The staff of a Buffalo, New York, hotel can vote on representation by a Workers United affiliate, a National Labor Relations Board official said Friday, though she excluded housekeeping and laundry workers from the proposed bargaining unit because they do not have enough in common with the other employees.
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October 18, 2024
The U.S. Chamber of Commerce pushed a Mississippi federal court to stay a policy allowing H-2A migrant farmworkers to organize, saying its members can't risk being penalized under the policy while the Chamber challenges the rule's legality.
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October 18, 2024
A National Labor Relations Board official ruled 18 ladder welders can vote on being represented by the International Union of Operating Engineers, rejecting a ladder manufacturer's arguments that more employees belong in the petitioned-for unit.
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October 18, 2024
This week, a federal magistrate judge will consider competing motions over the continuation of a collective action brought by former workers at a western New York home healthcare provider who claim they were not properly paid overtime required by federal law. Here, Law360 looks at this and another case on the docket in New York.
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October 18, 2024
Amazon manufactured an emergency to get a constitutional challenge to the National Labor Relations Board's structure before the Fifth Circuit as soon as possible, the board told the appeals court in a new brief, urging it to reject the company's tactic and refuse to hear the case.
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October 18, 2024
In the coming week, attorneys should watch for oral arguments at the Ninth Circuit in which Cemex Construction Materials Pacific LLC and the International Brotherhood of Teamsters are each seeking to undo a major National Labor Relations Board decision regarding union representation. Here's a look at that case and other labor and employment matters on deck in California.
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October 18, 2024
The Ninth Circuit should have analyzed federal labor law instead of adopting the National Labor Relations Board's analysis when deciding whether an employer may stop deducting union dues once its union contract expires, a Nevada hospital argued, asking the U.S. Supreme Court to reverse a pair of rulings.
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October 17, 2024
A Southern California Teamsters local has defeated an anti-union truck driver's claim that a union organizer threatened him and another anti-union driver, with a National Labor Relations Board judge ruling Thursday that there's insufficient proof that the incident occurred.
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October 17, 2024
A Michigan federal judge properly tossed a challenge to a memo that outlined why National Labor Relations Board general counsel Jennifer Abruzzo thinks so-called captive audience meetings are illegal, Abruzzo told the Sixth Circuit, saying the memo isn't the kind of agency action that's reviewable in federal courts.
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October 17, 2024
The lead attorney who persuaded the Third Circuit to hold that college athletes may be employees under federal wage law said Thursday that his clients are clearly employees under the test the court set out, drawing a favorable comparison to work-study participants.
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October 17, 2024
The Eighth Circuit should reject Starbucks' "groundless" challenge to the well-established standard for determining when employers' statements constitute unlawful threats, the National Labor Relations Board has argued, asking the court to enforce the board's holding that a store manager threatened unionizing workers by saying they might not get raises.
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October 16, 2024
A union representing nurses at a Hartford HealthCare-affiliated hospital in Norwich, Connecticut, has asked a state superior court judge to block mandatory overtime assignments, arguing that a 2020 union contract requiring such shifts expired over the summer and that a 2023 state statute bans the hospital's continuing practices.
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October 16, 2024
An Alaska hotel violated the National Labor Relations Act when it accused a union of defamation and unlawful boycott activity in a federal lawsuit, a National Labor Relations Board judge ruled Wednesday, calling the suit baseless, retaliatory and preempted by federal labor law.
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October 16, 2024
The campaign to unionize Starbucks has notched its 500th win a little over three years after its public debut, reaching this milestone as a changed but potent movement that continues to expand as it inches toward its first contracts, experts said.
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October 16, 2024
An industrial cleaning company urged the D.C. Circuit to undo a National Labor Relations Board decision finding the company unlawfully fired workers as part of an aggressive anti-union campaign, saying the board exceeded its authority when ordering it to reimburse a union for payments it made to striking workers.
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October 16, 2024
An arbitration board correctly ordered an Alaska Airlines mechanic's reinstatement after he was fired following a positive test for marijuana, a Washington federal judge concluded, upholding the arbitration panel's view of the just cause provision in the labor contract between the airline and the worker's union.
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October 16, 2024
A Rochester, New York, suit manufacturer stiffed a union healthcare fund and then lied about efforts to pay off its $3.6 million in debt, the fund claimed in New York federal court, asking the court to award it the money before the case advances to trial.