42 results for 'cat:"Civil Procedure" AND cat:"Labor"'.
J. Prescott denies the city's motion to dismiss the appeal filed by the union, ruling that because the appeal concerns a municipal collective bargaining agreement, the lower court's order to vacate the initial arbitration award is a final, appealable order.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: March 15, 2024, Case #: AC46927, Categories: Arbitration, civil Procedure, 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. White finds the lower court properly granted the public school employees union's motion for summary judgment on the bus driver's civil rights claim for unauthorized withdrawal of union dues. Although the withdrawals were made after she revoked her consent and in contravention of a state law, the union was not a state actor and, therefore, cannot be held liable. Affirmed.
Court: 6th Circuit, Judge: White, Filed On: December 21, 2023, Case #: 22-4056, Categories: civil Procedure, Civil Rights, labor / Unions
J. Lipinsky finds the lower court erroneously dismissed the business's petition for judicial review as untimely. The business could not discern from the labor department's initial decision the date on which the 35-day appeal period began to run. The notice mailed to the business contained the date of the decision, but no information about when it was mailed, which is included in the statutory language about the 35-day deadline, and so the case must be remanded to allow the court to decide the case on its merits. Reversed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: December 21, 2023, Case #: 2023COA123, Categories: civil Procedure, labor
J. Larsen finds the lower court properly dismissed a labor lawsuit filed in 2020 as untimely. The labor union's failure to pursue a 2015 grievance filed by autoworkers after their jobs were relocated started the 6-month statute of limitations clock on the claims. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: November 22, 2023, Case #: 22-1383, Categories: civil Procedure, labor / Unions
J. Murray finds that the lower court improperly issued a permanent injunction against labor union members in this case filed against a newspaper. The trial court violated a timing rule for filing the permanent injunction within the proper time frame, however, the court declines “to create a remedy not contemplated by the text of the rule” and will send the case back to the lower court for relevant consideration. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: November 6, 2023, Case #: J-A15010-23, Categories: civil Procedure, labor / Unions, labor
J. May finds that the lower court properly held that the state, as employer, breached collective bargaining agreements by refusing to collect dues from member paychecks because the unambiguous written agreement requited the state to honor all authorization cards regardless of whether the cards were received before or during the 2017–2019 term. Affirmed.
Court: Iowa Supreme Court, Judge: May, Filed On: October 27, 2023, Case #: 22-0790, Categories: civil Procedure, labor / Unions
J. Meyer grants, in part, the employee's motion for default judgment, ruling the U.S. Marshals' delivery of a service summons to the employer satisfied service requirements and allows for judgment on unpaid wage claims, given it failed to respond to the allegations in the complaint. However, because the employee was unable to deliver a service summons to the owner of the company individually and used FedEx instead of a certified mail service, judgment is not warranted against the owner and the employee will have an additional 30 days to perfect service.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 7, 2023, Case #: 3:21cv810, NOS: Fair Labor Standards Act - Labor, Categories: civil Procedure, labor
J. Kennelly denies the airline workers' motion for leave to file an amended complaint against their employer, United Airlines. The workers sued United because they opposed its Covid-19 vaccine and mask mandate for employees, and they brought a dozen different claims. But none of their claims are viable, and they have until Sep. 26 to propose "an amended complaint stating at least one viable claim over which the court has jurisdiction." Otherwise, the case will go to United.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: September 5, 2023, Case #: 1:23cv989 , NOS: Employment - Civil Rights, Categories: civil Procedure, Employment Discrimination, labor
J. Stewart reverses the court of appeals decision upholding a finding for a city on a union's complaint, in which it argues a fire chief's retirement created a vacancy in the department, regardless of the fact he was rehired the next day. A vacancy in the fire department occurred immediately upon the retirement and, therefore, the city was required to fill the position via the mandated promotional process. While the chief claims he never intended to resign but merely wanted to collect pension benefits simultaneously, his intent is irrelevant and the case must be remanded to the appeals court to consider the union's previously mooted arguments. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: August 29, 2023, Case #: 2023-Ohio-2976, Categories: civil Procedure, Employment, labor / Unions
J. Pearson denies the employer's motion to vacate the default judgment, ruling the delay of more than one year and two months between the judgment being entered and the employer filing its motion to vacate, with no evidence of extenuating circumstances, is not a reasonable amount of time under Sixth Circuit precedent. Additionally, the Covid-19 signature on each of the summonses is sufficient for the employee to prove he perfected service on each defendant, given the restrictions on mail carriers at the time he filed the complaint and the undisputed evidence the summonses were delivered to the correct address.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: August 23, 2023, Case #: 4:21cv507, NOS: Fair Labor Standards Act - Labor, Categories: civil Procedure, Covid-19, labor
J. Nagala grants the employer and labor union's motions to dismiss, ruling that because the union did not employ the employee, he cannot bring any wage or employment-related claims against it. Meanwhile, the failure by the employee to file his suit within two years of the employer's alleged failure to pay overtime requires dismissal.
Court: USDC Connecticut, Judge: Nagala, Filed On: August 18, 2023, Case #: 3:22cv927, NOS: Other Labor Litigation - Labor, Categories: civil Procedure, labor
Per curiam, the circuit dismisses a petition for review filed by a union that represents immigration judges, in which it challenges the Federal Labor Relations Authority's decision to uphold a determination that the judges are management officials and, therefore, barred from unionizing. The district court lacks jurisdiction, as the union's second motion for reconsideration remains pending before the authority.
Court: DC Circuit, Judge: Per curiam, Filed On: August 11, 2023, Case #: 22-1028, Categories: civil Procedure, labor / Unions
J. Boone denies an individual’s ex parte application to extend the deadline to file a reply and for leave to take depositions in her putative class labor action. Due, in part, to her delay, she fails to show that such an extraordinary remedy is warranted.
Court: USDC Eastern District of California, Judge: Boone, Filed On: August 10, 2023, Case #: 1:19cv484, NOS: Other Labor Litigation - Labor, Categories: civil Procedure, Class Action, labor