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McGuire v. City of Portland
Firefighters are exempt employees absent actual, significant likelihood of penalties inconsistent with salaried status.
Labor Law Mar. 11, 1999
Marquez v. Screen Actors Guild Inc.
Union doesn't breach duty of fair representation by negotiating union security clause.
Labor Law Mar. 11, 1999
Tristar Pictures Inc. v. Directors Guild of America Inc.
Existence of 'pseudonym' remedy for director unhappy with edits doesn't bar arbitrator from granting other relief.
Labor Law Mar. 11, 1999
Rosas v. Dishong
OSHA safety requirements don't apply to residential landscape maintenance employee injured while trimming tree.
Labor Law Mar. 11, 1999
National Federation of Federal Employees, Local 1309 v. Dept. of the Interior
Under federal labor statute, Federal Labor Relations Authority has power to determine if duty to bargain includes midterm bargaining.
Labor Law Mar. 11, 1999
Garvin v. American Telephone & Telegraph Co.
Divestiture of corporate doesn't obligate payment of termination allowances pursuant to collective bargaining agreement.
Labor Law Mar. 9, 1999
Wright v. Universal Maritime Service Corp.
No requirement to use collective bargaining agreement's arbitration procedure in Americans with Disabilities Act claim.
Labor Law Mar. 8, 1999
San Bernardino Public Employees Association v. City of Fontana
Annual leave and longevity pay benefits are conditions of employment subject to collective bargaining process.
Labor Law Mar. 2, 1999
Herman v. Tidewater Pacific Inc.
Secretary of Labor's jurisdiction over uninspected seagoing vessels isn't preempted by Coast Guard regulation.
Labor Law Mar. 2, 1999
Haywood v. American River Fire Protection District
Disability benefits denied to employee that refuses to work due to risk of future depression from workplace disciplinary actions.
Labor Law Mar. 2, 1999
Kelly v. Vons Companies Inc.
Employees' suit is collaterally estopped when labor arbitrator already ruled on same issues in recent union dispute.
Labor Law Mar. 2, 1999
Williamson v. UNUM Life Insurance
Appellate jurisdiction is lacking where disability claim is remanded to healthplan administrator for decision on merits.
Labor Law Mar. 2, 1999
Kreeft v. City of Oakland
Fair Labor Standards Act premium pay is attached to individuals and not rank.
Labor Law Mar. 1, 1999
Mamika v. Barca
Penalties for not paying employee who quit within 72 hours are calculated on a daily basis, not workday basis.
Labor Law Mar. 1, 1999
Willis v. Pacific Maritime Association
Americans with Disability Act doesn't require employer to violate bargaining agreement to accommodate worker.
Labor Law Mar. 1, 1999
Grant v. McDonnell Douglas Corp.
Psychologist's contention that undefined mental condition prevented pursuit of claim doesn't justify equitable tolling.
Labor Law Feb. 26, 1999
Lloyd v. AMF Bowling Centers Inc.
Termination of an employee for failing to show-up for work doesn't violate public policy.
Labor Law Feb. 24, 1999
Mamika v. Barca
Penalties for not paying employee who quit within 72 hours are calculated on a daily basis, not workday basis.
Labor Law Feb. 23, 1999
Earthgrains Baking Companies Inc. v. Teamsters Union Local No. 78
Federal court lacks jurisdiction to enjoin union from striking where disagreement is over interpretation of agreement which specifically excludes arbitration.
Labor Law Feb. 22, 1999
Theede v. United States Department of Labor
Order
Labor Law Feb. 17, 1999
Hagadorn v. M.F. Smith & Associates Inc.
Order
Labor Law Feb. 16, 1999
Four B Corp. v. National Labor Relations Board
Employer's selective prohibition of union activity on employer's premises violates the National Labor Relations Act.
Labor Law Jan. 28, 1999
Braziel v. Tobosa Developmental Services
Implied agreement exempting sleep time from paid work valid under Fair Labor Standards Act if known when hired.
Labor Law Jan. 21, 1999
U.S. v. Henry
Failure to report "all" income constitutes false, material statements in violation of the substitutive elements of 18 U.S.C. Section 1920.
Labor Law Jan. 12, 1999
McCue v. Kansas
Despite possible errors in admission of evidence, there's no abuse of discretion if error's harmless.
Labor Law Jan. 8, 1999
Robertson v. Morgan County
Order
Labor Law Jan. 7, 1999
Shankle v. B-G Maintenance Management of Colorado Inc.
Mandatory arbitration agreement requiring employee pay half of arbitration fees is unenforceable under Federal Arbitration Act.
Labor Law Jan. 6, 1999
Medlock v. Ortho Biotech Inc.
Sufficient evidence exist to support finding of retaliatory discharge of employee for filing and pursuing discrimination suit.
Labor Law Jan. 6, 1999
Aramark Corp. v. NLRB
Food service contractor may lack control of labor relations and be exempt from collective bargaining.
Labor Law Sep. 23, 1998
Lampkin v. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America
Sufficient evidence exists to support employee's suit against union for breach of duty of fair representation.
Labor Law Aug. 25, 1998