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Collective Bargaining Agreements (CBA) Supreme Court of the United States

McNees Wallace & Nurick LLC

Janus Holding Does Not Relieve Public Sector Employees of Contractual Obligations to Pay Dues

Way back in 2018, we wrote about the Supreme Court of the United States’ decision in Janus, which held that compelling public sector employees to pay “fair share fees” to unions violates the First Amendment. As a refresher, a...more

Davis Wright Tremaine LLP

The Demise of the Past-Practice Defense: Takeaways From Recent NLRB Decisions

Following recent decisions of the National Labor Relations Board, it is now nearly impossible for employers to make unilateral decisions consistent with past practices when negotiating a first contract and when negotiating a...more

Proskauer - Labor Relations Update

Raytheon No More: NLRB Significantly Cuts Down Employers’ Power to Act Unilaterally

In another much-anticipated reversal of existing precedent, as the National Labor Relations Board (“Board”) completes its late-summer flurry before the Labor Day weekend, the Board issued a pair of decisions overruling...more

Littler

Littler Lightbulb – June Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month. At the Supreme Court...more

Smith Gambrell Russell

U.S. Supreme Court Holds Employers Can Sue for Strike Damages

Smith Gambrell Russell on

In an 8-1 decision, the United States Supreme Court ruled for the employer in Glacier Northwest v. Teamsters, Local 174 in a case that has significant implications for a union’s right to strike and for the targeted employer...more

Snell & Wilmer

Cemented in History: The Supreme Court’s Glacier Decision Holds That Employers Can Sue for Strike Damages

Snell & Wilmer on

On June 1, 2023, the United States Supreme Court issued its 8-1 decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174,1 holding that the National Labor Relations Act (“NLRA”)2 does...more

Franczek P.C.

New Franczek Series: Labor Updates

Franczek P.C. on

As we’ve previously reported, union organizing is on the upswing and the NLRB is beginning to issue decisions that reverse Trump-era precedents that were generally more favorable to employers.  This is the first in what we...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2022

Nomination News. With control of the U.S. Senate in 2023 up for grabs, the Biden administration continues its push to fill agency leadership positions. Late last week, the Senate confirmed attorney Lisa Gomez to run the U.S....more

Jackson Lewis P.C.

Understanding the Multiemployer Pension Plan Construction Industry Exemption

Jackson Lewis P.C. on

The Multiemployer Pension Plan Amendments Act (MPPAA), the Employee Retirement Income Security Act’s (ERISA) progeny, can create significant unexpected liabilities for companies that have agreed to collective bargaining...more

Snell & Wilmer

The PRO Act’s Potential Effect on Employers

Snell & Wilmer on

On Tuesday, March 9, 2021, the House of Representatives passed the Protecting the Right to Organize (PRO) Act.1 With the PRO Act, House and Senate Democrats seek to amend the National Labor Relations Act. Here, we outline a...more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

Proskauer Rose LLP

ERISA Newsletter - Second Quarter 2019

Proskauer Rose LLP on

Editor's Overview - As the summer heats up, so too has the U.S. Supreme Court's docket for next term where it has already agreed to hear three ERISA cases and more may be in the works. On the docket already are ERISA...more

Miles & Stockbridge P.C.

Supreme Court: A Year In Review

This year, 2017-2018, the Supreme Court issued numerous cases impacting employers. Here is an overview...more

Harris Beach PLLC

Cuomo’s Janus "Fix" Challenged

Harris Beach PLLC on

It did not take long; on June 13, 2018, a class action lawsuit was filed in the United States District Court for the Eastern District of New York challenging amendments to the New York Civil Service Law that were designed to...more

Baker Donelson

Supreme Court Roundup: A Look Back – and Ahead – for Employment Law

Baker Donelson on

As the Supreme Court ended its 2017-18 Term, Justice Anthony Kennedy announced his resignation; the Court did away with "agency fees" for public employees; and in other decisions favorable to employers, the Court solidified...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Should Public Employers Consider Issuing a Janus Notice Where a Checkoff Clause is Contained in a CBA?

As of the Supreme Court’s recent decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31, state laws requiring public sector collective bargaining agreements to contain agency shop...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

Littler on

The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Jackson Lewis P.C.

U.S. Supreme Court Roundup – 2017-2018

Jackson Lewis P.C. on

The U.S. Supreme Court term that ended June 2018 included decisions on many topics important to workplace law, including class action waivers in employment arbitration agreements, public-sector “agency shop” arrangements, and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Union (In)Security: SCOTUS Prohibits Public Sector Union Security and Missouri May Tip The Private Sector Scales

The decades-long battle over union security faces two important pivot points during the summer of 2018. On June 27, 2018, the Supreme Court of the United States handed unions a major defeat in the season’s first major fight. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fair Share Union Fees Are Not Fair: SCOTUS Rules Public Sector Non-Members Don’t Need to Pay

On June 27, 2018, the Supreme Court of the United States announced its decision in a case that tested the constitutionality of requiring mandatory payment of “fair share” union dues to be paid by non-member public sector...more

Miller Canfield

Supreme Court Reaffirms Rejection of Inferences in Retiree Health Benefit Dispute

Miller Canfield on

The U.S. Supreme Court has reversed a U.S. 6th Circuit Court of Appeals decision holding that that former employees of CNH Industrial N.V. were entitled to lifetime, vested healthcare benefits. The opinion, issued yesterday,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Put It in the CBA: Supreme Court Once Again Finds Retiree Health Benefits Are Not Vested

On February 20, 2018, the Supreme Court of the United States tackled another controversy from the Sixth Circuit Court of Appeals regarding whether retiree medical benefits enjoyed by individuals who retired while a collective...more

Proskauer - Employee Benefits & Executive...

Tackett Redux: Ordinary Principles of Contract Interpretation Mean No Inference of Vesting

In an opinion released yesterday, the Supreme Court reaffirmed that collective bargaining agreements (CBAs) must be interpreted according to “ordinary principles of contract law.” CNH Industrial N.V. v. Reese, No. 17-515,...more

BakerHostetler

Supreme Court Overrules Sixth Circuit (Again) In Class Action Dispute Over Retiree Medical Benefits

BakerHostetler on

Is Yard-Man really dead this time? This issue should never have arisen, the Supreme Court should not have had to address it in 2015, and it shouldn’t have required Supreme Court attention a second time just three years...more

Dorsey & Whitney LLP

The Supreme Court - February 20, 2018

Dorsey & Whitney LLP on

CNH Industrial N. V. v. Reese, No. 17-515: Based upon its decision in International Union, United Auto, Aerospace, & Agricultural Implement Workers of Am. V. Yard-Man, Inc., 716 F.2d 1476 (6th Cir. 1983), the Sixth Circuit...more

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