A 9th Circuit opinion from this morning emphasizes how difficult it is for union members to avoid federal preemption of claims against their unions.
Teamster union members at a Lucky’s warehouse in Fullerton, California, contended that their union and various union officials misled them into accepting a substandard union contract in retaliation for the members’ earlier acts […]
NLRB v. Katz, 369 US 736 (1962), says that an employer may not unilaterally alter working conditions once it starts bargaining for the initial CBA. Do employers governed by the Railway Labor Act have the same duty? The 9th Circuit this morning says, No.
This appeal presents the question whether section 2, First of the Railway Labor […]
We earlier mentioned Sen. Obama’s primary employee rights bill - the Independent Contractor Proper Classification Act of 2007. It has not been enacted.
Sen. Clinton’s claim on employment law is the Employee Free Choice Act of 2007. The bill would eliminate NLRB elections where a majority of the barganing unit had signed cards for a union and […]
A 9th Circuit panel (including Pregerson and Bea) has unanimously reversed Judge Manuel Real on a host of state law claims that Real erroneously held were preempted by § 301. The panel held that the employee’s claims for public policy wrongful termination, fraud, age discrimination, IIED, and NIED did not require interpretation of the CBA, and […]
FMLA amendments: Congress has passed, and Pres. Bush is expected to sign, amendments to FMLA that will provide leave to servicemembers and their families. The details are discussed in Connecticut Employment Law Blog and the FMLA Blog.
NLRB policy shifts: K&L|Gates (soon to merge with Hughes & Luce) has published “Changing Course at the NLRB,” the first part of which […]
