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Congress of California Seniors v. Catholic Healthcare West
Federal law preempts California's regulation of Medicare reimbursement to healthcare providers.
Labor Law Jul. 2, 2001
Robinson v. Union Pacific Railroad
Arbitrator is entitled to determine that railroad worker who was wrongfully terminated is entitled to reinstatement but not back wages.
Labor Law Jun. 28, 2001
Webster v. Public School Employees of Washington Inc.
Employee is exempt from Fair Labor Standards Act, but Washington Minimum Wage Act may apply if employer docks sick or vacation leave.
Labor Law Jun. 28, 2001
Ramirez v. Circuit City Stores Inc.
Arbitration agreement, which prohibits employee class-action lawsuits against employer, is unconscionable.
Labor Law Jun. 28, 2001
United Food and Commercial Workers Union, Local 1036 v. NLRB
Requiring non-union members to pay for organizational activities that aren't necessary for union to perform its duties is unfair labor practice.
Labor Law Jun. 27, 2001
Teamsters Local Union 58 v. BOC Gases
Arbitrator properly interpreted collective bargaining agreement by determining truck driver was mentally fit to transport hazardous gases.
Labor Law Jun. 26, 2001
National Labor Relations Board v. Kentucky River Community Care Inc.
Burden of proving supervisory status of employees is on party claiming such status pursuant to National Labor Relations Act.
Labor Law Jun. 12, 2001
Hill v. Peterson
National Labor Relations Act doesn't pre-empt former employee's claim that former employer interfered with attempts to seek new employment.
Labor Law Jun. 3, 2001
NLRB v. Kentucky River Community Care Inc.
Registered nurses are supervisors within meaning of NLRB because they direct LPNs, are often highest ranking employees in building and take supervisory roles.
Labor Law May 29, 2001
Adair v. City of Kirkland
Police officers aren't entitled to overtime pay for time spent in mandatory pre-shift meeting.
Labor Law May 24, 2001
Local Joint Executive Board of Culinary/Bartender Trust Fund v. Las Vegas Sands, Inc.
Court errs in denying class certification to would-be class of nonunion employees, but correctly finds that back pay under Act includes tips and holiday pay.
Labor Law May 17, 2001
Ochoa v. Department of Labor & Industries
Order granting employee industrial insurance benefits is not final until served on employer.
Labor Law May 14, 2001
Hawaii Teamsters and Allied Workers Union v. United Parcel Service
Arbitration decision upholding termination may not be disrupted if decision is based on collective bargaining agreement.
Labor Law May 9, 2001
Oil, Chemical, & Atomic Workers International Union (AFL-CIO) v. Conoco, Inc.
Compulsory arbitration is improper before judge has determined whether terms of collective bargaining agreement allow arbitration of specific disputes.
Labor Law May 9, 2001
Steinbach v. Dillon Co.
State tort claims of tortious interference with contract and intentional infliction of emotional distress are preempted by Labor Management Relations Act.
Labor Law May 9, 2001
Scott v. Stephen Dunn & Assoc.
When court applied wrong legal standard and balance of hardships tips in Regional Director's favor, interim bargaining order is correct.
Labor Law May 8, 2001
Seal v. Laborers International Union of North America Highway
Labor Management Relations Act preempts California Civil Code in regard to attorney fees provisions.
Labor Law May 8, 2001
Solven v. Washington Department of Labor & Industries
Worker's claim cannot be reopened where worker fails to show Department of Labor & Industries closing order is void.
Labor Law May 4, 2001
International Assn. of Fire Fighters Local 46 v. City of Everett
Labor union is entitled to attorney fee award when only union, not the employees, is represented by counsel.
Labor Law Apr. 26, 2001
Marler v. Dept. of Retirement Systems
Department of Retirement Services may deny full benefits for untimely filing, even when Department of Labor and Industries finds applicant only partially disabled.
Labor Law Apr. 23, 2001
Gilbrook v. City of Westminister
City officials are liable for retaliatory discharge of firefighters who criticized them and supported opposing election candidates.
Labor Law Apr. 19, 2001
Wayne v. Pacific Bell
Where employer seriously considers changing ERISA benefits, employer has affirmative duty to disclose this intent to union during collective bargaining agreement.
Labor Law Apr. 19, 2001
Board of Administration v. Wilson
Public Employment Retirement Fund members have right to sound retirement system and 'arrears' financing is unconstitutional.
Labor Law Apr. 18, 2001
Gilbrook v. City of Westminster
Amended opinion
Labor Law Apr. 18, 2001
Eastern Associated Coal Corp. v. United Mine Workers of America, District 17
Public policy considerations do not require courts to refuse enforcing arbitration award ordering employer to reinstate employee with two positive drug tests.
Labor Law Mar. 20, 2001
NLRB v. Advanced Stretchforming International Inc.
Successor employer must bargain collectively before imposing terms when it hires its initial workers entirely from represented unit.
Labor Law Feb. 2, 2001
Horizon Air Industries Inc. v. National Mediation Board
National Mediation Board does not exceed authority under Railway Labor Act in finding company interfered in election and by applying new standard retroactively.
Labor Law Feb. 1, 2001
Kofoed v. International Brotherhood or Electrical Workers, Local 48
Union does not violate member's statutory free speech rights by bringing disciplinary charges after he carried sign at union job site.
Labor Law Jan. 21, 2001
Hawaii Teamsters and Allied Workers Union v. United Parcel Service
Arbitrator's ruling confirming employee's discharge should be vacated for misinterpreting labor contract.
Labor Law Jan. 4, 2001
Sever v. NLRB
Court reverses National Labor Relations Board's use of seniority in calculating back pay for former strikers.
Labor Law Jan. 4, 2001