Posts tagged 5th Circuit Court of Appeals
Republican challenge to ESG investing rule could showcase risk to US agency powers
July 10, 2024 // The high court did just that in a June ruling in Loper Bright Enterprises v. Raimondo, saying judges instead should exercise their independent judgment in evaluating agency rules. That decision is expected to have a widespread impact on the government's ability to adopt new rules such as environmental, securities and labor regulations, and is part of a broader effort by conservative groups to rein in the powers of what they call "the administrative state."
Court case gives edge to employers over displays of union insignia
December 6, 2023 // Tesla appealed the decision to the 5th Circuit, which considered what the employer’s rule is for the restriction and whether it is lawful. The court found that unions can take issue with employer restrictions to some extent but that employers do not have carte blanche in establishing policies. “But [unions] can’t come out of the gate and say that any kind of restriction is unlawful,” the lawyer explained. “So I would say, the bottom line on the 5th Circuit’s opinion is that as long as you’re [the employer] not outright banning all union insignia of any kind, you’re probably going to be OK as long as you can articulate a reason why you’re restricting [buttons],” Cannon said. “So it’s going to really be more of a balancing test versus what the Labor Board has said, that we think all restrictions are illegal.”
Tesla allowed to ban factory workers from wearing union T-shirts: court
November 17, 2023 // On Tuesday, the 5th Circuit said that it was wrong for the NLRB to require Tesla to prove that special circumstances justified its policy. The company still allowed workers “to affix any number or size of union stickers to their team wear,” so it was not unlawfully interfering with union organizing, the court said.
Southwest Airlines pilots union wins right to pursue lawsuit against Boeing
April 5, 2022 // The suit was initially dismissed by a trial judge who barred the pilots from making any corrections to their initial suit. But now the 5th court of Appeals in Dallas has overturned the judge's dismissal and is allowing the Southwest Pilots Association to refile and push forward.