Entries Tagged as 'Unions'

Monday, March 31st, 2008

9th Cir: Women on Construction Sites

Friday’s opinion by Judge Stephen Reinhardt in Davis v. Team Electric Co. addresses many of the problems confronted by women trying to enter, and to stay in the workforce on construction sites.  As you might guess from the identity of the opinion’s author, the results are almost uniformly favorable to the female plaintiff.
Christie Davis worked […]

Monday, February 25th, 2008

Confidentiality of Union’s Internal Deliberations

Must a union divulge its evaluations of possible grievances, or its bargaining committee’s notes, when they are relevant and are demanded by an adverse party? 
Say the employer in an arbitration suspects that the union is processing a discharge grievance over the objection of fellow employees.  Can the employer demand copies of the union grievance committee’s minutes […]

Wednesday, February 20th, 2008

Green and Bundy Introduce Bill on Fringe Benefits in PLAs

Senators Lyda Green and Con Bundy have introduced SB 276, which would give each employee working on certain Project Labor Agreement sites the option to receive fringe benfits from either his or her current employer, another employer of the employee, or the union that negotiated the PLA. 
SB 276 would apply to AGIA and to PLA’s under Title […]

Wednesday, February 20th, 2008

U S Supreme Court Takes New Employment Cases

The Supreme Court this week agreed to resolve issues related to a) CBA-compelled arbitration of statutory discrimination claims; b) agency payor responsibility for union litigation expenses; and c) ERISA’s anti-alienation provision.
You can find blog commentary at Workplace Professor and Daily Developments in EEO Law (02/19/08 post).

Wednesday, November 28th, 2007

Legal Research: Union Contracts

UC-Berkeley’s Institute for Research on Labor & Employment has created an on-line Labor Contracts Database.  It appears to be heavily weighted toward public-sector contracts, but that may simply reflect the fact that unions are increasingly public-sector phenomena.
The Database includes the University of Alaska/AFT and the State of Alaska/AFCSME contracts.
H/T: Workplace Professor.

Tuesday, November 27th, 2007

Enforcement of Wage Claims

Two recent appellate opinions illustrate the possibilities and limitations for employees pursuing wage claims.
The 9th Circuit case reminds practitioners that § 301 permits an individual union member to sue for unpaid wages laid out in the CBA, as well as for wrongful discharge.
Although claims arising under a collective bargaining agreement that concern questions of labor policy […]

Friday, November 2nd, 2007

9th Cir: Two Recent Opinions on the ADA, DFR, and Title VII

Member claims against a union: The 9th Circuit has affirmed judgment against a union under both Title VII and DFR theories. 
DFR claim: The Court affirmed a trial court’s findings that a union had breached its duty by failing to file a timely grievance when the union has agreed to do so, and that such conduct substantially injured the […]

Monday, October 1st, 2007

EEOC Sues NEA-Alaska Again

The Seattle office of the EEOC has sued NEA-Alaska on behalf of Denise Poole and a class of all similarly-situated female employees, alleging harassment and intimidation on the basis of sex, and for retaliatory harassment and intimidation as a result of having complained about the underlying harassment. 
The present suit follows an earlier one for similar alleged […]

Monday, September 3rd, 2007

Lenny Arsenault, Alaska Labor Leader

Lenny Arsenault was Business Manager of Fairbanks Local 375 of the United Association of Plumbers and Pipefitters from 1976 through 1991.  For the last ten of those years, he was also International Vice President of the UA, responsible for all the West Coast locals.  During his reign, Arsenault’s power within the Alaska labor movement was exceeded only […]

Thursday, June 14th, 2007

U S Supremes on Public Union Dues for Political Purposes

The Court ruled this Thursday morning, in Davenport v. Washington Education Association, 2007 WL 1703022 (June 14, 2007),  that a state may prohibit a public employee union from using the agency-shop fees of a non-member for election-related purposes if the nonmember hasn’t affirmatively consented.  The Court (via J. Scalia) characterized the law as essentially a limitation […]