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Ruscigno v. American National Can Company, Inc.
Action involving termination of employee for giving testimony during arbirtation held pursuant to collective bargaining contract is pre-empted by NLRA.
Labor Law Nov. 30, 2000
United Farm Workers of America, AFL-CIO v. Dutra Farms
Agricultural employer may not pay committee to influence employees in exercise of their rights to organize.
Labor Law Nov. 30, 2000
United Farm Workers of America, AFL-CIO v. Dutra Farms
Agricultural employer may not pay committee to influence employees in exercise of their rights to organize.
Labor Law Nov. 2, 2000
Cortez v. Purolator Air Filtration Products Co.
Restitution of illegally withheld overtime wages is appropriate in action under Unfair Business Practices Act.
Labor Law Oct. 8, 2000
Firestone v. Southern California Gas Co.
Federal law pre-empts state law claim for time-and-a-half of regular hourly rate for hours worked beyond eight in one day.
Labor Law Oct. 5, 2000
Assn. of Western Pulp & Paper Workers, Local 78 v. MFM Rexam Graphic Inc.
Courts must defer to arbitrators' authority to interpret scope of parties' submissions when award draws its essence from collective bargaining agreement.
Labor Law Oct. 4, 2000
Pace v. Honolulu Disposal Service Inc.
Oral agreement that would eviscerate plain language of collective bargaining agreement is inadmissible under parol evidence rule.
Labor Law Oct. 2, 2000
Associated Builders and Contractors Inc. v. Metropolitan Water District of Southern California
Project labor agreement doesn't conflict with statute provision requiring contract be awarded to lowest responsible bidder.
Labor Law Sep. 25, 2000
United Food and Commercial Workers Union, Local 324 v. Superior Court (Gigante USA Inc.)
Striking may not be enjoined if law enforcement officers are able and willing to adequately protect business property.
Labor Law Aug. 30, 2000
Does I through XXIII v. Advanced Textile Corp.
Plaintiffs, who have reasonable fear of retaliation, may conceal their identities from defendants until court rules on motion to notify potential class members.
Labor Law Aug. 25, 2000
Post v. Palo/Haklar & Associates
Where employer fails to pay wages as required by contract or statute, employee may seek relief by filing wage claim or civil action.
Labor Law Aug. 24, 2000
Local No. 7 United Food and Commercial Workers International Union v. King Soopers, Inc.
Arbitration award made pursuant to collective bargaining agreement between Union and defendant is enforceable.
Labor Law Aug. 8, 2000
NLRB v. Triple C Maintenance Inc.
Employer must challenge presumption of majority support of union in collective bargaining agreement within six months.
Labor Law Aug. 7, 2000
NLRB v. Oklahoma Installation Co,
Employer is not required to adhere to the terms of an expired collective bargaining agreement in the absence of contractual language.
Labor Law Aug. 7, 2000
Webco Industries Inc. v. NLRB
Employers may not apply a no-solicitation policy in a discriminatory manner to prevent union solicitation.
Labor Law Aug. 7, 2000
Sharp v. Webco Industries
Order
Labor Law Aug. 2, 2000
Eisinger v. Federal Labor Relations Authority
FLRA ruling denying person standing to file petitions for clarification or amendment of unit determination that contravenes relevant statute is an error.
Labor Law Jul. 24, 2000
Stuart v. Life Insurance Company of America
Insurance policy that defines rights and liabilities of parties is admissible when offered to prove existence of employee welfare benefit plan under ERISA.
Labor Law Jul. 17, 2000
Colorado & Wyoming Railway Co. v. National Conference of Firemen
Order
Labor Law Jul. 13, 2000
Equal Employment Opportunity Commission v. Norris
Order
Labor Law Jul. 13, 2000
Christensen v. Harris
Public employer may force employees to use or lose accrued compensatory time.
Labor Law Jul. 6, 2000
Rick's Electric Inc. v. California Occupational Safety and Health Appeals Board
Employer's knowledge of unsafe or hazardous condition, coupled with failure to attempt correction of it, constitutes willfulness under Cal. OSHA regulations.
Labor Law Jun. 30, 2000
Meade v. Cedarapids Inc.
Withholding plant-closure plan from prospective employees while claiming company growth is false representation.
Labor Law Jun. 23, 2000
Paresi v. City of Portland
Where city violates Fair Labor Standards Act regarding overtime compensation, it may invoke 'window of correction' provision to avoid liability.
Labor Law Jun. 22, 2000
Burlington Northern Santa Fe Railway Co. v. International Brotherhood of Teamster Local 174
Dispute between union and credit company over whether client company's subcontractors must employ that union's member is a Norris-LaGuardia labor dispute.
Labor Law Jun. 22, 2000
Farr v. US West Communications Inc.
Employer offering early retirement breaches ERISA duties by providing misleading information on tax consequences.
Labor Law Jun. 21, 2000
Burlington Northern Santa Fe Railroad Company v. International Brotherhood of Teamsters Local 174
Anti-injunction provisions of Norris-LaGuardia Act don't apply when union doesn't have collective bargaining agreement with employer.
Labor Law Jun. 21, 2000
Northern Montana Health Care Center v. NLRB
Union's demand for recognition or its organizing efforts doesn't support 'good faith doubt' of successor of employer regarding union's continued majority support.
Labor Law Jun. 19, 2000
Northern Montana Health Care Center v. NLRB
Union's demand for recognition or its organizing efforts doesn't support 'good faith doubt' of successor employer regarding union's continued majority support.
Labor Law Jun. 19, 2000
Lambert v. Ackerley
Employees fired for complaining to employer about statutory overtime violations have retaliation claim under Fair Labor Standards Act.
Labor Law Jun. 19, 2000