Collective Bargaining

News & Analysis as of

Un-Vacated: Appellate Courts Save Arbitration Awards

In SPX Corp. v. Garda USA, Inc., __A.3d__, 2014 WL 2708631 (Del. June 16, 2014), the Delaware Court of Chancery vacated an arbitration award (under its state arbitration act) after concluding the arbitrator manifestly...more

Federal Judge Dismisses Claim against University; Failure to Appropriately Monitor Docket Not Excusable Neglect

A federal trial court in D.C. recently dismissed the Amended Complaint of a former professor at the University of the District of Columbia ("UDC" or "University") due to his failure to timely oppose a Motion to Dismiss,...more

FAIL: Union Argues Arbitration Panel Should Ignore Public Employers' Ability to Pay

Yeah, I know, crazy right? Here is the story. Apparently the Union did not think so. When the American Federation of State, County and Municipal Employees ("Union") and the City of Philadelphia ("City") could not reach terms...more

Supreme Court Invalidates Union Fee Requirements Imposed on Homecare Employees

On June 30, 2014, the U.S. Supreme Court rejected Illinois law that required homecare providers for Medicaid recipients to pay fees to a union. In Harris v. Quinn, the Court held that compulsory union agency fees imposed on...more

Health Care Alert: Supreme Court Limits Agency Fees to Full-Fledged Public Employees

In a decision that could have a significant financial impact on many labor unions, the U.S. Supreme Court has held that personal care providers, who are considered state employees only for limited collective bargaining...more

Fortunately, Sometimes Life is “Unfair”: Town of Greenwich v. Greenwich Municipal Employees Association and Reversal of an...

Lawyers like to believe that arbitration decisions concerning employee discipline should be made in accordance with the law and the applicable collective bargaining agreement, not solely by an arbitrator’s personal notions of...more

Harris v. Quinn Decision May Set Stage for Further Rulings Limiting Public Unions

On Monday, the U.S. Supreme Court decided Harris v. Quinn. As readers of my June 10 posting will recall, the plaintiffs in that case objected on First Amendment grounds to being required to contribute public union dues as a...more

Illinois Appellate Court: School District’s Subcontracting of Transportation Services is “Part of Bargaining Process” and an...

The Illinois Appellate Court for the Fourth District recently found that a school district did not engage in any unfair labor practices when it subcontracted student transportation services to a third-party vendor and...more

Supreme Court Issues Decision In Harris V.Quinn: Abood Survives, But For How Long?

On Monday, the United States Supreme Court issued its anxiously anticipated decision in Harris v. Quinn, a case brought by Illinois home health aides challenging the requirement in a collective bargaining agreement that they...more

Agency Fees Can’t Be Required for Illinois Rehab Personal Assistants, SCOTUS Rules

The State of Illinois cannot require Rehabilitation Program “personal assistants” (PAs) who decide not to join a union, to pay compulsory union dues, commonly known as “agency fees,” the U.S. Supreme Court ruled in Harris v....more

Radical Shift Coming In Public Sector Agency Fees

On Monday, the Supreme Court took a swipe at public sector compulsory unionism. In doing so, the Court took a slice out of decades of Supreme Court jurisprudence and suggested a future re-thinking of agency fees in the public...more

Supreme Court Rejects Labor’s Mandatory Dues Collection Initiative in Favor of Workers’ First Amendment Rights

Yesterday, the Supreme Court of the United States held that the First Amendment of the U.S. Constitution prohibits a public-employee union from collecting an agency fee from home-care workers who do not want to join or...more

Supreme Court Decides Harris v. Quinn

On June 30, 2014, the U.S. Supreme Court decided Harris v. Quinn, No. 11-681, holding that the First Amendment does not permit a state to compel public employees to subsidize speech on matters of public concern by a union...more

Two Significant Decisions Affecting Employers Issued the Final Day of the U.S. Supreme Court Session

On the last day of its 2013-2014 session, the U.S. Supreme Court held today that (1) for-profit companies are protected as "persons" under the federal Religious Freedom Restoration Act of 1993 (RFRA) and (2) that the...more

Supreme Court Strikes Down Mandatory Union "Fair Share" Deductions For Public Sector Employees

Today, in a 5 to 4 decision, the U.S. Supreme Court declined to extend its previous holdings regarding “fair-share” fees (fees that an employee who refuses to join a union is required to pay in lieu of union dues) to...more

United States Supreme Court Strikes Down Illinois Regulatory Framework Requiring Personal Assistants for Medicaid Recipients to...

In its much anticipated decision in Harris v. Quinn, 573 U.S. __ (2014), the Supreme Court of the United States in a five to four ruling struck down an Illinois regulatory framework that required personal assistants (PAs) for...more

SCOTUS Preview: Is the End in Sight for Public Employee Unionism (and Fair Share Fees)?

Does a collective bargaining agreement that requires nonunion home-care workers to pay a fee to a union representative violate the First Amendment of the U.S. Constitution? In the next few days the Supreme Court of the United...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 31: Discrimination Claims are Arbitrable

Arbitration agreements are a common feature of employment relationships today, widely used as a tool for avoiding jury trials of discrimination, harassment and other employment-related disputes. But before 1991, when the...more

Public Employers and Unions Hold Breath as High Court Ponders Whether Public Employees Can Be Compelled to Pay Dues

The U.S. Supreme Court will recess for the summer at the end of June. But before doing so, it must decide the remaining cases on its docket from the October 2013 term, including Harris v. Quinn. Strangely, this case has...more

NLRB Division of Advice Clarifies Duty to Bargain with Newly Certified Union over Discipline

Last week, the National Labor Relations Board’s Division of Advice issued a memorandum in which it clarified an employer’s duty to bargain with a newly certified union regarding the discipline of union-represented employees...more

The Labor Board Signals Change to the Joint-Employer Doctrine - The New NLRB Rule Will Likely Require Businesses to Bargain as to...

The National Labor Relations Board, on May 12, 2014, solicited amicus briefs on whether the board's current joint-employer standard should be changed. It is unmistakable that the Democratic majority on the board has its...more

Unionized Employers: Review the Wage Provisions in Your Collective Bargaining Agreements

Employers face many headaches in a unionized workplace, but one supposed benefit of a union is that it streamlines procedures across large groups of employees. The employer can look to the collective bargaining agreement to...more

Supreme Court Grants Certiorari on a Long-Standing Circuit Split Over Collectively Bargained Retiree Health Care Benefits

Earlier this month, the Supreme Court agreed to review the Sixth Circuit’s decision in Tackett v. M&G Polymers USA, LLC, 733 F.3d 589 (6th Cir. 2013). The Court will resolve an existing circuit split as to how courts...more

Companies Acquiring Unionized Businesses Face Increased Scrutiny by the NLRB

Companies acquiring unionized businesses are likely to face increased scrutiny from the National Labor Relations Board (“Board”). On May 9, 2014, NLRB General Counsel Richard F. Griffin, Jr., issued a memorandum instructing...more

The ERISA Litigation Newsletter - May 2014

Editor's Overview - This month our authors explore two important areas of ERISA's fiduciary duties applicable to single employer and multiemployer plans. First, Neal Schelberg and Aaron Feuer comment on a growing trend...more

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