14 results for 'cat:"Administrative Law" AND cat:"Labor"'.
J. Veljacic finds that the lower court properly upheld a decision from Washington State's Department of Labor and Industries to implement a new "Interpreting Works Scheduling" system. The department was working under an "explicit directive" from the state legislature to implement a new system since 2018, and the department gave all the proper notice that a system change was incoming. Affirmed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: April 16, 2024, Case #: 58071-3-II, Categories: administrative Law, labor
[Consolidated.] J. Randolph vacates the National Labor Relations Board's decision a produce company committed two unfair labor practices during "two brief workplace incidents." The board did not have substantial evidence to "support a reasonable inference that something nefarious was afoot." Vacated.cv
Court: DC Circuit, Judge: Randolph, Filed On: March 26, 2024, Case #: 23-1100, Categories: administrative Law, labor / Unions
J. McKeig reverses the Court of Appeals' finding that the Bureau of Mediation Services had appropriately weighed the statutory factors of the Public Employment Labor Relations Act, that it was authorized to consider over-fragmentation of bargaining units and that it had not departed from normal procedure in analyzing the police union's petition to determine an appropriate bargaining unit. The Bureau improperly gave controlling weight to its policy preference to certify only four basic county bargaining units, which is not found in PELRA. Reversed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: March 6, 2024, Case #: A22-0911, Categories: administrative Law, labor / Unions
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J. Funke finds the Commission of Industrial Relations improperly clarified that corrections unit case managers are included in the protective services bargaining unit. As the bargaining representative for the unit, the police lodge sought clarification after the role of bargaining representative was changed from the association of public employees to the lodge. As supervisors, case managers are excluded from the bargaining unit under the Industrial Relations Act. The commission did not make any findings of fact before effectively giving preclusive effect to the order changing the representative. Reversed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: March 1, 2024, Case #: S-22-748, Categories: administrative Law, Civil Procedure, labor / Unions
J. Contreras dismisses two individuals' putative class claims against the Chair of the Equal Employment Opportunity Commission, in which they say the EEOC has failed to enforce judgments entered in their favor against the Air Force and National Guard Bureau. Contrary to their claims, the EEOC has no clear duty to act to enforce the orders, and also has no duty to refer their cases to either the attorney general or the Office of Special Counsel.
Court: USDC District of Columbia, Judge: Contreras, Filed On: February 13, 2024, Case #: 1:22cv3246, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Class Action, labor
J. Helmick grants the federal government's motion for summary judgment, ruling the administrative review board properly considered all of the evidence presented by both the employer and the government regarding payment of subminimum wages to disabled employees; therefore, its decision was not arbitrary or capricious. Because the board's decision was supported by credible evidence and the employer failed to prove the wages were based only on the productivity of the employees, the employer will pay the full amount of liquidated damages requested by the government to the employees.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: January 4, 2024, Case #: 3:20cv2325, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Government, labor
J. Ardini finds that the lower court improperly dismissed the firefighter union's petition for a petition for certification of representation with the State Board of Mediation, seeking to create a bargaining unit consisting of fire captains employed by the City of Richmond Heights. The Board incorrectly applied the contract bar rule because the union was not attempting to add captains to an existing bargaining unit, but to create a separate bargaining unit for senior firefighters. Reversed.
Court: Missouri Court Of Appeals, Judge: Ardini, Filed On: November 28, 2023, Case #: WD86174, Categories: administrative Law, labor
J. Reidinger denies the Labor Department’s motion to dismiss allegations of Administrative Procedures Act violations after the department published a final rule on how it sets wage rates for temporary farm workers who are not U.S. citizens. A group of farms argues that the rule has already, and will continue to, hurt them financially by drastically increasing labor costs. They have already shown evidence that this is the case, so their complaint is not dismissed at this stage.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: September 26, 2023, Case #: 1:23cv96, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Agriculture, labor
J. Rice grants the farm workers leave to file a third amended complaint for the unresolved claims affected by the 2022 final rule of the U.S. Department of Labor's prevailing wage finding methodologies, as their lawsuit claims that the agency made policy changes that drastically lowered the minimum wage of farmworkers in the H-2A temporary agricultural visa system. The farm workers contend that the agency is not prejudiced by a third amended complaint that includes already known facts, and the government department does not object to challenges to discrete aspects of its new prevailing wage finding methodology.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: July 27, 2023, Case #: 1:20cv3241, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, Government, labor
J. Kamins finds the Employment Relations Board properly ruled that the University of Oregon violated the duty to bargain in good faith with the union that sought information regarding complaints made by the employees it represents. The University violated the duty by "redacting, and thereby withholding from [the Union], objective, factual information, including statements by bargaining unit employees concerning workplace complaints." Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 19, 2023, Case #: A177809, Categories: administrative Law, Employment, labor