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Tesoro will pay $8.08M-plus to end battle over bonuses withheld from strikers

February 9th, 2016

On February 5, the NLRB announced its approval of an $8.08-plus million deal between Tesoro Refining and Marketing and the United Steelworkers. The money will go to 769 employees at Tesoro’s Carson, California, and Anacortes, Washington, facilities who joined in the winter 2015 refinery strike—the largest refinery strike in 35 years. Under the bilateral agreement, [Read more...]

Denied dismissal of former assistant AG’s disability bias action not immediately appealable

February 9th, 2016

By Cynthia L. Hackerott, J.D.
A federal district court’s denial of a state governmental entity’s motion to dismiss the disability discrimination claim of a former employee did not qualify as an immediately appealable order under the collateral order doctrine, the Second Circuit ruled. The district court had rejected the employer’s arguments that the employee’s complaint should [Read more...]

Uber drivers’ wage suits won’t be consolidated in single forum

February 9th, 2016

By Lisa Milam-Perez, J.D.
Concluding that centralizing seven misclassification suits against Uber, currently pending in seven different district courts, would be no more convenient to the parties and witnesses and would not “further the just and efficient conduct of the litigation,” the Judicial Panel on Multidistrict Litigation declined to combine the cases in a single forum. [Read more...]

Ample evidence supported NLRB ruling that company’s health care proposal was unclear, lockout unlawful

February 9th, 2016

By Joy P. Waltemath, J.D.
Finding substantial evidence to support the NLRB’s finding that a pool supply manufacturer unlawfully locked out its employees because the health care proposal it offered was confusing, incomplete, and internally inconsistent, the D.C. Circuit granted the Board’s cross-application for enforcement. And, because the company failed to object to the Board’s finding [Read more...]

Union-mandated withdrawal from pension fund no reason to reduce employer withdrawal liability

February 8th, 2016

By Ronald Miller, J.D.
Despite an employer’s assertion that its withdrawal from a union pension fund was union-mandated, a federal district court properly rejected the employer’s alternate method for calculating its withdrawal liability, ruled the Sixth Circuit. In affirming the lower court, the appeals court declined to create federal common law under ERISA to carve out [Read more...]