13 results for 'cat:"Labor" AND cat:"Injunction"'.
Per curiam, the circuit finds that the district court improperly dismissed a request in which the regional director of the National Labor Relations Board sought temporary injunctive relief concerning Starbucks' alleged unfair labor practices in response to a Buffalo-Rochester regional unionization effort. Starbucks was properly granted limited expedited discovery, but the overbroad subpoenas sought information beyond the Buffalo-Rochester stores. On remand, arguments for and against specific subpoenas should be subjected to closer inspection.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 15, 2024, Case #: 23-1194-cv, Categories: Discovery, labor / Unions, injunction
J. Holmes finds that the lower court properly denied a request to preliminarily enjoin a new rule from the Department of Labor that requires federal contractors to pay their employees a $15 minimum wage. The groups challenging the new rule have not shown they are likely to prevail on the merits of their claims, given that the rule was issued with proper authority and was not an arbitrary move from the Department of Labor. Affirmed.
Court: 10th Circuit, Judge: Holmes, Filed On: April 30, 2024, Case #: 22-1023, Categories: labor, injunction
J. Sargus denies the pilots' union's motion for a preliminary injunction, ruling that while emails sent by the private jet company's corporate officers to discourage certain union activity were "strong critiques" of the union and its bargaining positions, they did not rise to the level anti-union animus required to invoke this court's jurisdiction, while the company's willingness to continue negotiations on a bargaining agreement require dismissal of the union's claims.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: January 5, 2024, Case #: 2:23cv1404, NOS: Railway Labor Act - Labor, Categories: Jurisdiction, labor / Unions, injunction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Pitman grants an injunction to Department of Labor after it sued a mining company in an effort to enforce requirements on regular mine inspections. The mining company argued the mine had ceased operations and therefore should not be subject to such requirements, but federal officials have already determined that the site meets the technical definitions of a surface mine, and this classification “should be treated as conclusive.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: November 20, 2023, Case #: 1:23cv1147, NOS: Other Statutory Actions - Other Suits, Categories: Government, labor, injunction
J. Chatigny denies the nursing homes' motion for a preliminary injunction, ruling alleged defects in the appointment of the administrative law judge over the NLRB's enforcement proceedings are insufficient to warrant the judge's removal from the case, which began over a decade ago and is nearly at its conclusion.
Court: USDC Connecticut, Judge: Chatigny, Filed On: October 4, 2023, Case #: 3:23cv831, NOS: Other Statutory Actions - Other Suits, Categories: Judiciary, labor / Unions, injunction
J. Rothstein denies the union's motion for a preliminary injunction seeking to enjoin closing on the sale of a hospital facility pending arbitration over a dispute about provisions in their collective bargaining agreements (CBAs). There is no evidence that the hospital closed the hospital building in an attempt to evade the obligations of the CBAs' successor clause, and the Washington State Department of Social and Health Services is justified in wishing for an expedited sale given its need for a state-run hospital.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: September 29, 2023, Case #: 2:23cv1309, NOS: Labor/Management Relations - Labor, Categories: Arbitration, labor, injunction
J. Boggs finds the lower court properly granted the National Labor Relations Board's motion for a preliminary injunction to reinstate the fired Starbucks employees to their previous positions. The company's anti-union activities, which included closing the Memphis store early to prevent news coverage of union activities and the termination of the Memphis 7, undoubtedly chilled the speech of other employees. Although a unionization vote was successful even after the firings, the results of an election are insufficient to cure the chilling effect of the terminations, especially when a labor union is in its infancy, like the one at issue here. Affirmed.
Court: 6th Circuit, Judge: Boggs, Filed On: August 8, 2023, Case #: 22-5730, Categories: Employment, labor / Unions, injunction
J. Melgern denies a union's executive council's motion for preliminary injunction to remove a Brotherhood of Boilermakers international president, who has since resigned his position. The international president provided sufficient evidence in court that the preliminary injunction is based on "extraordinary relief" and unspecified allegations, which include claims of funneling money for personal use.
Court: USDC Kansas, Judge: Melgren, Filed On: August 1, 2023, Case #: 2:23cv2250, NOS: Labor/Management Relations - Labor, Categories: labor / Unions, injunction
J. Pitman grants summary judgment to the Department of Labor after it was sued by a restaurant association over a rule from the department limiting the amount of non-tipped work that tipped employees can do following allegations from the department that restaurants were misusing “tip credits” — that is, offsets taken out of tips and later paid to employees to make sure they are making minimum wage — in order to subsidize non-tipped work. The association has sought to enjoin this rule, but while the Fifth Circuit did previously find that restaurants could face harm from the rule, the rule was not arbitrary and capricious, and without it, the government and the public could be harmed.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: July 6, 2023, Case #: 1:21cv1106, NOS: Fair Labor Standards Act - Labor, Categories: Government, labor, injunction