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Chase Manhattan Bank N.A. v. City & County of San Francisco
No jurisdiction over action claiming reassessment of property transferred to pension plan is barred by ERISA.
Labor Law Jun. 21, 1999
Providence Alaska Medical Center v. NLRB
Hospital charge nurse isn't 'supervisor' for purposes of voting in union representation election.
Labor Law Jun. 21, 1999
Blaylock Electric v. NLRB
Showing that anti-union animus motivated decision not to hire justifies prosecution for unfair labor practice.
Labor Law Jun. 21, 1999
Rodrigues v. Herman
Transfer of assets to benefit plan by trustee who didn't segregate constitutes 'recovery' subject to penalty.
Labor Law Jun. 21, 1999
Alaska Airlines Inc. v. Oregon Bureau of Labor
ERISA doesn't pre-empt employer's sick leave compensation system using prepayment from general funds and benefits reimbursement.
Labor Law Jun. 21, 1999
Nelson v. Cyprus Bagdad Copper Corp.
Employee handbook's arbitration provision doesn't preclude right to judicial determination of Americans with Disabilities Act claim.
Labor Law Jun. 20, 1999
America West Airlines Inc. v. National Mediation Board
Discharged employee with pending claim seeking reinstatement can vote in union representation election.
Labor Law Jun. 20, 1999
Stanley v. City of Tracy
City police sergeants aren't entitled to back overtime compensation under salary-basis test.
Labor Law Jun. 20, 1999
Childers v. City of Eugene
Employer's mistaken suspension of salaried employee doesn't change overtime compensation status of other exempt employees.
Labor Law Jun. 20, 1999
Zorich v. Long Beach Fire Dept. and Ambulance Service Inc.
Fair Labor Standards Act covers employee engaged in interstate commerce regardless of employer's status as covered enterprise.
Labor Law Jun. 17, 1999
Stillwater Mining Co. v. Federal Mine Safety and Health Review Commission
Failure of mine safety equipment is prima facie evidence that mine safety regulation was violated.
Labor Law Jun. 17, 1999
Californians for Population Stabilization v. Hewlett-Packard Co.
Foreign company's employee practices do not violate statute prohibiting unfair competition or business practices.
Labor Law Jun. 15, 1999
Californians for Population Stabilization v. Hewlett-Packard Co.
Foreign company's employee practices do not violate statute prohibiting unfair competition or business practices.
Labor Law Jun. 15, 1999
Schultz v. PLM International Inc.
For standing, plaintiff must be participant in ERISA plan on filing date of lawsuit against plan's fiduciary.
Labor Law Jun. 15, 1999
Boykin v. Boeing Co.
Additional compensation by hourly overtime pay doesn't defeat employee's exempt status under statutory salary-basis test.
Labor Law Jun. 15, 1999
Barnhart v. New York Life Insurance Co.
Independent contractor isn't covered under Employee Retirement Income Security Act or Age Discrimination in Employment Act.
Labor Law Jun. 15, 1999
Kearney v. Standard Insurance Co.
District court must admit additional evidence where circumstances require de novo review of benefits decision.
Labor Law Jun. 15, 1999
Pomona Police Officers' Assoc. v. City of Pomona
Agreement giving option to convert employer-paid employee contributions for salary purposes, violates Public Employees Retirement Law.
Labor Law Jun. 14, 1999
Quillin v. State of Oregon
No federal court jurisdiction in Fair Labor Standards Act cases against states absent sovereign immunity waiver.
Labor Law Jun. 14, 1999
Service Employees International Union, Local 620 v. City of Santa Barbara
Subsequent rescission election is permitted to rescind agency shop despite its creation by election.
Labor Law Jun. 12, 1999
NLRB v. District Council of Iron Workers of the State of California and Vicinity
Absent agency relationship, non-signing local union isn't bound by collective bargaining agreement negotiated by other local's representative.
Labor Law Jun. 12, 1999
Service Employees International Union, Local 620 v. City of Santa Barbara
Subsequent rescission election is permitted to rescind agency shop despite its creation by election.
Labor Law Jun. 12, 1999
Arizona State Carpenters Pension Trust Fund v. Citibank (Arizona)
Employee benefit plan's state law claims against bank aren't pre-empted by ERISA.
Labor Law Jun. 12, 1999
Smith v. National Steel & Shipbuilding Co.
National Labor Relations Act preemption is inapplicable when potential conflict with federal statute.
Labor Law Jun. 12, 1999
Spink v. Lockheed Corp.
Use of retirement plan assets to purchase employer liability waivers does not violate ERISA.
Labor Law Jun. 12, 1999
Lang v. Long-Term Disability Plan of Sponsor Applied Remote Technology Inc.
No deference to plan's eligibility determination after conflict as benefit plan administrator and funding source.
Labor Law Jun. 12, 1999
Marquez v. Screen Actors Guild Inc.
Union can breach fair representation duty by not clearing employee for work before full dues paid.
Labor Law Jun. 11, 1999
Textron Lycoming Reciprocating Engine Division v. United Automobile, Aerospace and Agricultural Implement Workers of America
Labor Management Relations Act doesn't encompass complaint that fails to allege any violation of contract.
Labor Law Jun. 10, 1999
NLRB v. The Bakersfield Californian
NLRB has statutory authority to issue investigative subpoenas to non-parties in unfair labor practices investigation.
Labor Law Jun. 10, 1999
Estate of Shockley v. Alyeska Pipeline Service Co.
Doctrine of 'reasonable expectations' doesn't apply to employee pension plans governed by ERISA.
Labor Law Jun. 10, 1999