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United Transportation Union v. Union Pacific Railroad Co.
Public policy doesn't prohibit reinstatement of railroad employee who merely tests positive for drugs. 		Labor Law Jul. 3, 1999
Division of Labor Standards Enforcement v. UI Video Stores Inc.
Division of Labor Standards Enforcement can retain undeliverable back-pay checks in unpaid wage fund. 		Labor Law Jul. 1, 1999
Eagle Marine Services v. Director, Office of Workers Compensation Programs
Injured longshoreman's receipt of holiday pay doesn't indicate wage-earning capacity for determining statutory disability benefits. 		Labor Law Jul. 1, 1999
Saipan Hotel Corp. v. NLRB
NLRB applies to resident and nonresident workers in Commonwealth of Northern Mariana Islands. 		Labor Law Jun. 30, 1999
Forsyth v. Humana Inc.
Individual beneficiary cannot bring suit under ERISA against plan administrator if other adequate relief available. 		Labor Law Jun. 29, 1999
Forsyth v. Humana Inc.
Individual beneficiary cannot sue under ERISA against plan administrator for breach of fiduciary duty. 		Labor Law Jun. 29, 1999
Retlaw Broadcasting Co. v. National Labor Relations Board
National Labor Relations Act violated when employer declares impasse over contractual provision allowing employer to negotiate directly with union-represented employees. 		Labor Law Jun. 29, 1999
K.V. Mart Co. v. United Food and Commercial Workers International Union, Local 324
Labor Law Management Relations Act Section 301, doesn't confer federal subject matter jurisdiction over all suits by or against unions covered by the Act. 		Labor Law Jun. 29, 1999
Associated Builders & Contractors Inc. v. Local 302 International Brotherhood of Electrical Workers
Non-union contractors' claims of illegal job targeting programs by union aren't pre-empted by federal law. 		Labor Law Jun. 28, 1999
Polich v. Burlington Northern Inc.
Decision finding no federal pre-emption of claims regarding reorganizations doesn't bar pre-emption defense on unaddressed sale. 		Labor Law Jun. 28, 1999
Bay Area Laundry v. Ferbar Corp.
Employer missing scheduled payment begins limitations period on pension fund's collection action for unpaid withdrawal liability. 		Labor Law Jun. 28, 1999
Gardner Mechanical Services Inc. v. NLRB
Evidence supports NLRB's finding that union represented employees where employer's pre-election conduct invalidated election results. 		Labor Law Jun. 28, 1999
Associated Builders & Contractors Inc. v. Local 302 International Brotherhood of Electrical Workers
Non-union contractors' claims of illegal job targeting programs by union aren't pre-empted by federal law. 		Labor Law Jun. 28, 1999
Gardner Mechanical Services Inc. v. NLRB
No 'members only' agreement if labor union didn't know about disparate treatment of non-union employees. 		Labor Law Jun. 28, 1999
Cathedral City Public Safety Management Association v. City of Cathedral City
Unilaterally extending 'contract' isn't evidence of breach of duty to meet and confer in good faith, and is not unfair labor practice. 		Labor Law Jun. 28, 1999
Inter-Modal Rail Employees Association v. Atchison, Topeka & Santa Fe Railway Co.
ERISA provision covers interference with attainment of employees' vested pension rights, as well as welfare benefits. 		Labor Law Jun. 28, 1999
New Breed Leasing Corp. v. NLRB
Back pay at union scale is remedy if successor employer unlawfully doesn't hire union employees. 		Labor Law Jun. 26, 1999
Richardson v. The Pension Plan of Bethlehem Steel Corp. and Subsidiary Companies
Agreement to accept shutdown benefits bars claim if successor employer fails after safety net period expires. 		Labor Law Jun. 26, 1999
Carroll v. Federal Express Corp.
Employer isn't liable for procedural errors in federally mandated drug test performed by independent contractor. 		Labor Law Jun. 26, 1999
Beals v. Kiewit Pacific Co. Inc.
Labor Management Relations Act pre-empts breach claim of independent employment contract covered by collective bargaining agreement. 		Labor Law Jun. 26, 1999
Southern California Labor Management Operating Engineers Contract Compliance Committee v. Aubry
Construction project awarded by federal government agency is not subject to California prevailing wage law. 		Labor Law Jun. 26, 1999
Boggs v. Boggs
ERISA pre-empts state law allowing nonparticipant spouse's testamentary transfer of interest in undistributed pension benefits. 		Labor Law Jun. 26, 1999
De Buono v. NYSA-ILA Medical and Clinical Services Fund
New York can impose gross receipts tax on ERISA-funded medical centers. 		Labor Law Jun. 26, 1999
EEOC v. Pape Lift Inc.
Age Discrimination in Employment Act finding can be supported by evidence used to establish underlying violation. 		Labor Law Jun. 26, 1999
NLRB v. Compact Video Services Inc.
Known financial crisis doesn't excuse employer's obligation to give union notice before company's sale. 		Labor Law Jun. 25, 1999
Park v. Deftones
Management contract is void when personal manager procures employment for artist without being licensed as a talent agency. 		Labor Law Jun. 24, 1999
Koepping v. County Metropolitan Transportation District of Oregon
Manager's general promise of secure employment can be implied-in-fact contract modifying at-will employment. 		Labor Law Jun. 23, 1999
Bruns v. National Credit Union
Federal credit union employee's wrongful discharge damages action is governed by Federal Tort Claims Act. 		Labor Law Jun. 23, 1999
FMC Medical Plan v. Owens
Employee benefit plan's suit against injured employee for reimbursement from his third-party recovery is precluded. 		Labor Law Jun. 23, 1999
Security Farms v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers
Parent union's appointment of local supervisor isn't basis for imposing liability for local officials' strike misconduct. 		Labor Law Jun. 22, 1999
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