Posts tagged U.S. Supreme Court

    Workers’ rights case appealed to Supreme Court by Washington think tank

    November 30, 2022 // Kurk attempted to withdraw from the union in September 2018, but union officials denied the request, saying she could not resign until 30 days prior to the end of the collective bargaining agreement, Jun. 30, 2020. The Freedom Foundation sued LRCEA in 2019, asserting the union contract violates the First Amendment. Given the Janus ruling, the maintenance of membership provision is unconstitutional, the suit argued. Further, the 2017 California law could not be retroactively applied to Kurk. The suit was summarily dismissed by Judge Kimberly Meuller of the U.S. District Court for the Eastern District of California. The dismissal was upheld on appeal.

    SCOTUS Should Rein in Rogue Federal Labor Board in Ohio National Guard Case

    November 21, 2022 // Americans for Fair Treatment (AFFT) today filed an amicus brief before the U.S. Supreme Court in Ohio Adjutant General’s Department v. Federal Labor Relations Authority. This little-known case could rein in a rogue federal labor board that has dramatically expanded the definition of a federal agency and ignored public employees’ First Amendment rights—all to benefit public-sector union officials. The case concerns the Ohio Adjutant General’s authority to determine Ohio National Guard technicians’ conditions of employment, including collective bargaining rights. In 2016, the Adjutant General announced that he would stop abiding by a two-year-expired collective bargaining agreement (CBA) with the American Federation of Government Employees, the union that previously represented National Guard technicians. The Federal Labor Relations Authority (FLRA) then ruled on the union’s behalf in an unfair labor practice charge, ordering the Adjutant General to reinstate the union and abide by the expired CBA.

    U.S. Supreme Court to decide if employers can sue unions over vandalism

    October 5, 2022 // Glacier in its petition filed in May told the Supreme Court that the NLRA did not preempt lawsuits related to vandalism and other illegal conduct. The company said it would be left without a remedy if the state court ruling stands, because the NLRB lacks the power to award money damages for destruction of property. Glacier also said the Washington Supreme Court decision clashed with rulings by other state courts and at least two federal appeals courts. The Teamsters in opposing the petition said the strike itself was clearly protected by the NLRA. Glacier could have saved the concrete if it had arranged for replacement workers or management employees to make deliveries during the strike, the union said. The case is Glacier Northwest Inc v. International Brotherhood of Teamsters Local Union No. 174, U.S. Supreme Court, No. 21-1449.

    Freight Company Worker Wins More Than $10,500 for Being Illegally Fired for Not Joining Teamsters Union

    August 26, 2022 // Back pay award ends case against employer, federal charge against union for instigating illegal termination still under NLRB investigation Jackson, MN (August 25, 2022) – Jannie Potgieter, who was a freight employee at industrial park USF Holland in Jackson, Minnesota, filed federal charges against the International Brotherhood of Teamsters Local 120 union and his employer in May for illegally terminating him for exercising his right not be a union member. Now Mr. Potgieter has received approximately $10,512 in back pay from USF Holland in exchange for dropping the charge against the company. The charge against the union for union officials’ role in the illegal termination is still pending.

    WIN: Factory Workers Secure $12K in Legal Challenge to Discrimination by Union and Employer against Non-Union Employees

    August 5, 2022 // Company and IAM officials cut blatantly illegal deal to deny 12 non-union members $1,000 bonuses because they oppose union affiliation James Cobaugh, Steele v. Louisville & N.R. Co. et al,

    Punching In: High Court Signals Coming Curbs on Agency Deference

    August 2, 2022 // The Supreme Court earlier this summer affirmed that agencies can’t regulate “major questions” with significant economic or political implications unless Congress explicitly gives them the power to do so, Given the court’s recently expanded view of what presents a “major question,” some attorneys say the conservative-majority court may next take a swipe at Chevron deference all together. And with the Biden administration’s ambitious regulatory agenda, the DOL’s moves to define an approach to independent contractor status, alter how prevailing wages are calculated, expand overtime pay protections, or issue most any other regulation could be more vulnerable to litigation if that happens. A revised version of President Joe Biden’s $94 billion bailout for union-backed pension plans will take effect next week, outlining a realistic path for hundreds of cash-strapped plans to pay benefits for the next 30 years. Michael Lotito, co-chair of Littler Mendelson PC’s Workplace Policy Institute,

    Trucking Looks for New Owner-Operator Strategies as Independent Contractor Model is Threatened

    August 2, 2022 // Motor carriers that use owner-operators in California are working to re-evaluate their operations in order to meet strict restrictions on the use of independent contractors, as labor officials at the national level push to crack down on “employee misclassification” as well. Recent independent trucker protests that brought the Port of Oakland to a crawl gained plenty of media attention, but California Gov. Gavin Newsom’s office indicated a lack of concern. Landstar, Joe Rajkovacz with the Western States Trucking Association, oil and gas industry, two-check system, TransForce AB5 Dedicated Solutions Program, TransForce, New Jersey, Illinois, Washington, and New York,

    Opinion: States should protect caregivers’ Medicaid funds from union skims

    June 27, 2022 // Yet, while a number of states including Michigan have taken action to prohibit the dues skim, a May rule by the federal Department of Health and Human Services (HHS) reversed a Trump administration effort to stop the skim nationally. A separate 9th Circuit decision last week also continues to allow unions to trap home care providers into paying them. Robert and Patricia Haynes, cerebral palsy, Gov. Rick Snyder, Harris v. Quinn, Cindy Ochoa, most pro-union president ever,

    GOVERNMENT JOBS: 6 THINGS EVERY EMPLOYEE SHOULD KNOW ABOUT THEIR JANUS RIGHTS

    May 5, 2022 // If you work for a local, state or federal government entity – a public school district, city hall, a state agency or another government body – you have “Janus Rights”, or the right to decide whether you want to join a union at your workplace. If you decide union membership isn’t for you, then you are not obligated to pay the union at your workplace any kind of dues or fees. The U.S. Supreme Court reaffirmed workers’ rights regarding union membership and support on June 27, 2018, in the case Janus v. AFSCME.