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New Process Steel L.P. v. NLRB
National Labor Relations Board must delegate authority to at least three members, and two-member group’s actions are inoperative.
Labor Law Jun. 18, 2010
Addington v. US Airline Pilots Association
Breach of duty of fair representation claim is not ripe for adjudication where no collective bargaining agreement yet exists.
Labor Law Jun. 7, 2010
Service Employees International Union v. National Union of Healthcare Workers
District court may grant temporary restraining order restricting individual union members where union only seeks injunctive relief.
Labor Law Mar. 15, 2010
Diquisto v. County of Santa Clara
County does not expend public funds for partisan campaign activities by discussing ballot initiative to require arbitration during labor negotiations.
Labor Law Feb. 21, 2010
McCarther v. Pacific Telesis Group
Employee’s protected use of sick leave to care for ill relatives does not apply where paid days off for illness are uncapped.
Labor Law Feb. 18, 2010
California Correctional Peace Officers' Association v. State of California
Dept. of Personnel Administration properly considers overall salary differential in declining to grant supervisors same pay increases as employees.
Labor Law Feb. 16, 2010
McDermott v. Ampersand Publishing LLC
Interim injunctive relief pending NLRB decision is not appropriate absent strong showing of harm where relief creates risk to First Amendment rights.
Labor Law Jan. 27, 2010
Opinion of Brown
Meetings of governing body, which was created under collective bargaining agreement, between college district and employees need not be open to public.
Labor Law Jan. 5, 2010
Union Pacific Railroad Co. v. Brotherhood of Locomotive Engineers and Trainmen General Committee of Adjustment, Central Region
National Railroad Adjustment Board cannot dismiss employees’ claims based on non-conformance to procedural rule requiring showing of occurrence of conference between parties.
Labor Law Dec. 9, 2009
Parth v. Pomona Valley Hospital Medical Center
Nurses are not denied overtime pay when their employer allowed option to receive different pay at overtime rates for longer shifts.
Labor Law Oct. 22, 2009
City of San Jose v. International Assn. of Firefighters Local 230
Amendment to Meyers-Milias-Brown Act, which took away jurisdiction from Public Employment Relations Board, applies to previously commenced actions.
Labor Law Oct. 15, 2009
Balen v. Holland America Line Inc.
United Nations Convention on Recognition of Foreign Arbitral Awards allows claims under Seamen’s Wage Act to be arbitrated by foreign court.
Labor Law Oct. 5, 2009
White v. Cridlebaugh
Trial court errs by vacating award permitting plaintiffs to recover all compensation paid to unlicensed contractor.
Labor Law Jul. 31, 2009
Amalgamated Transit Union Local 1756 AFL-CIO v. Superior Court (First Transit Inc.)
Labor unions lack standing to bring representative action as assignees of injured employees under unfair competition law.
Labor Law Jun. 30, 2009
National Labor Relations Board v. C&C Roofing Supply Inc.
Employer must comply with order reinstating employees with backpay where employer claimed that employees were illegal aliens.
Labor Law Jun. 26, 2009
San Leandro Teachers Association v. Governing Board of the San Leandro Unified School District
School district properly refuses to allow union to distribute letters endorsing union candidates in school mailboxes.
Labor Law Jun. 19, 2009
Association of Flight Attendants CWA AFL-CIO v. Mesa Air Group Inc.
Work schedule disagreement constitutes 'minor dispute' where collective bargaining agreements did not explicitly establish scheduling terms.
Labor Law Jun. 1, 2009
California Attorneys v. Schwarzenegger
Merit principle in Article VII of California Constitution does not encompass union's claims that employees are underpaid.
Labor Law May 28, 2009
Solis v. Matheson
Retail business located on Native American reservation subject to overtime requirements of Fair Labor Standards Act.
Labor Law Apr. 21, 2009
International Association of Fire Fighters Local 188 AFL-CIO v. Public Employment Relations Board (City of Richmond)
Local government agency's decision to lay off firefighters is not subject to bargaining under Meyers-Milias-Brown Act.
Labor Law Apr. 10, 2009
14 Penn Plaza LLC v. Pyett
Provision in collective-bargaining agreement requiring union members to arbitrate claims under Age Discrimination in Employment Act of 1967 is enforceable.
Labor Law Apr. 2, 2009
International Association of Fire Fighters Local 188 AFL-CIO v. Public Employment Relations Board (City of Richmond)
Local government agency's decision to lay off firefighters is not subject to bargaining under Meyers-Milias-Brown Act.
Labor Law Mar. 20, 2009
Southern California Painters & Allied Trades, District Council No. 36 v. Rodin & Co. Inc.
Court denies 'reverse' alter-ego claim where non-union employer would be liable for starting union company to avoid collective bargaining obligations.
Labor Law Mar. 11, 2009
Virginia Mason Medical Center v. NLRB
Where certification period started with first bargaining meeting, employer is required to continue recognition for one year.
Labor Law Mar. 11, 2009
Virginia Mason Medical Center v. NLRB
Where certification period started with first bargaining meeting, employer is required to continue recognition for one year.
Labor Law Feb. 26, 2009
Ysursa v. Pocatello Education Association
Ban on political payroll deductions does not violate unions' First Amendment rights as applied to local governmental units.
Labor Law Feb. 25, 2009
Aguiar v. Superior Court (Cintas Corp.)
Regulation limiting wages to hours actually spent on city contract conflicts with Living Wage Ordinance.
Labor Law Feb. 20, 2009
Lu v. Hawaiian Gardens Casino Inc.
Labor Code Section 351 does not prohibit casino ‘tip pooling’ but serves as basis for suit under unfair competition law.
Labor Law Feb. 12, 2009
Nigg v. United States Postal Service
Court must consider whether Postal Service inspectors were entitled to overtime pay under FLSA.
Labor Law Feb. 5, 2009
Lu v. Hawaiian Gardens Casino Inc.
Labor Code Section 351 does not prohibit casino ‘tip pooling’ but serves as basis for suit under unfair competition law.
Labor Law Jan. 25, 2009