| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-17140
|
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 | |
|
96-35245 and 96-35387
|
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 | |
|
C025051
|
American River Fire Protection District v. Brennan
Agreement allowing employees to receive cash for accrued sick leave on retirement isn't unconstitutional. |
Labor Law |
|
Jun. 9, 1999 | |
|
A068692 and A069047
|
Division of Labor Standards Enforcement v. Fidelity Roof Co.
Agency action to collect workers' unpaid wages is untimely, but payment bond surety collection is permissible. |
Labor Law |
|
Jun. 7, 1999 | |
|
96-55853
|
Standard Insurance Co. v. Saklad
Fiduciary under ERISA cannot withhold payment from beneficiary as setoff for undeserved benefits under different plan. |
Labor Law |
|
Jun. 7, 1999 | |
|
95-16974
|
United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada v. Bechtel Construction Co.
Court can fill blank space for arbitrator's name in agreement if contentious unions do not. |
Labor Law |
|
Jun. 7, 1999 | |
|
95-16402
|
Marques v. Telles Ranch Inc.
Under WARN, seasonal agricultural workers suffer 'employment loss' at earliest time they could expect recall. |
Labor Law |
|
Jun. 7, 1999 | |
|
E018521
|
Hudson v. Board of Administration of the Public Employees' Retirement System
Converting employer-paid benefits to salary isn't compensation for pension calculation under Public Employees' Retirement Law. |
Labor Law |
|
Jun. 6, 1999 | |
|
C024407
|
Stationary Engineers Local 39 v. County of Sacramento
Civil Service awarding preference points to lower-scoring employees in open examination violates county charter. |
Labor Law |
|
Jun. 4, 1999 | |
|
95-16586
|
Ford v. St. Joseph's Omni Preferred Care Inc.
ERISA doesn't pre-empt employer's state contract claim against benefits plan administrator for not seeking reimbursement. |
Labor Law |
|
Jun. 4, 1999 | |
|
95-35848, 95-36283, 96-35166 and 96-35174
|
Knight v. Kenai Peninsula Borough School District
Non-union members aren't required to exhaust union remedies before suing to challenge chargeability of agency fee. |
Labor Law |
|
Jun. 4, 1999 | |
|
97-15405
|
Imada v. City of Hercules
Fair Labor Standards Act doesn't require city pay police for time traveling to off-site training. |
Labor Law |
|
Jun. 3, 1999 | |
|
97-428
|
Air Line Pilots Association v. Miller
Agency fee objectors who haven't agreed to arbitration needn't exhaust arbitral remedy before suing union. |
Labor Law |
|
Jun. 3, 1999 | |
|
95-56179
|
Cisneros v. UNUM Life Insurance Co.
California and federal laws require actual prejudice from untimely proof submission to deny insurance policy payment. |
Labor Law |
|
May 27, 1999 | |
|
96-795
|
Allentown Mack Sales & Service Inc. v. NLRB
Board's reasonable doubt test for employer polling is consistent with statute but evidence doesn't support findings. |
Labor Law |
|
May 26, 1999 | |
|
96-56255
|
Pension Benefit Guaranty Corp. v. Carter & Tillery Enterprises
Under ERISA, Pension Benefit Guaranty Corp. can sue as creditor or impose lien for unfunded contributions. |
Labor Law |
|
May 26, 1999 | |
|
A076339
|
Soldate v. Fidelity National Financial, Inc.
No reversal for wrongful juror instruction in constructive termination case unless jury verdict is prejudiced. |
Labor Law |
|
May 25, 1999 | |
|
96-35769
|
Armstrong v. Burlington Northern Railroad Co.
Federal Employers' Liability Act covers injury to railroad worker occurring at employer-paid hotel. |
Labor Law |
|
May 25, 1999 | |
|
95-56179
|
Cisneros v. UNUM Life Insurance Co. of America
California and federal laws require actual prejudice from untimely proof submission to deny insurance policy payment. |
Labor Law |
|
May 24, 1999 | |
|
93-55392
|
Jacobson v. Hughes Aircraft Co.
Applying correct standard, former employee's raise cognizable claims regarding employer's administration of ERISA plan. |
Labor Law |
|
May 24, 1999 | |
|
96-16709 and 96-16721
|
Operating Engineers Health and Welfare Trust Fund v. JWJ Contracting Co.
ERISA doesn't pre-empt Arizona statute governing public contractor payment bonds and guarantees by third-party sureties. |
Labor Law |
|
May 21, 1999 | |
|
95-56639
|
G&G Fire Sprinklers Inc. v. Bradshaw
Public works subcontractor is entitled to hearing regarding penalty for failure to comply with wage requirements. |
Labor Law |
|
May 21, 1999 | |
|
97-71132
|
National Labor Relations Board v. Kolkka
Employer must bargain with collective bargaining representative even though some voting employees are undocumented aliens. |
Labor Law |
|
May 20, 1999 | |
|
A079402
|
California Labor Federation v. Industrial Welfare Commission
Industrial Welfare Commission can amend overtime requirements to make rules more closely comply with federal law. |
Labor Law |
|
May 10, 1999 | |
|
96-16539
|
Kearney v. Standard Insurance Co.
District court must admit additional evidence where circumstances require de novo review of benefits decision. |
Labor Law |
|
May 6, 1999 | |
|
98-70929
|
National Labor Relations Board v. Ironworkers Local 433
Enforcement of prospective non-compliance fines for violation of consent decree doesn't trigger criminal procedural safeguards. |
Labor Law |
|
May 6, 1999 | |
|
F025765 and F026444
|
City of Fresno v. People
Issue of repeal may go before electorate when city isn't required to 'bargain to impasse' under Meyers-Milias-Brown Act. |
Labor Law |
|
Apr. 28, 1999 | |
|
97-17354
|
Saridakis v. United Airlines
Railway Labor Act doesn't preclude independent right to sue under the Americans with Disabilities Act. |
Labor Law |
|
Apr. 26, 1999 | |
|
96-15267 and 96-15274
|
Synder v. Freight, Construction, General Drivers, Warehousemen and Helpers Local No. 287
Union's executive board can use union funds to obtain attorney and file action against union official who has violated his fiduciary duties. |
Labor Law |
|
Apr. 21, 1999 | |
|
98-1269
|
Montoya v. Rescue Industries Inc.
Order |
Labor Law |
|
Apr. 20, 1999 |
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