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Seniority, not race, was reason for driver’s layoff, failure to rehire

June 22nd, 2018

By Nicole D. Prysby, J.D.
Because there was no evidence that an employer considered any factor other than seniority when making layoffs, an African-American employee could not demonstrate that he was laid off because of his race, held the Seventh Circuit. Although the collective bargaining agreement (CBA) may have allowed the employer to consider qualifications besides [Read more...]

Employer can’t discharge quid pro quo sexual harassment judgment in bankruptcy

June 22nd, 2018

By Robert Margolis, J.D.
An employee who won on her sexual harassment claims against her former employer will recover $206,735 of the judgment despite the employer’s bankruptcy, ruled a bankruptcy court in California, explaining that a finding of willful misconduct was inherent in the state court judgment in her favor on her quid pro quo sexual [Read more...]

Not enough evidence that anti-union animus prompted discharge of union supporter to enforce NLRB

June 21st, 2018

By Tulay Turan, J.D.
In a rare rejection of an NLRB finding based simply on a lack of substantial evidence, the D.C. Circuit found there was insufficient evidence to support the Board’s acceptance of an ALJ’s finding that an employer’s discharge of an employee for lying during an investigation was a pretext to rid the company [Read more...]

Arbitrator’s decision to reform CBA based on finding of ‘mutual mistake’ enforced

June 21st, 2018

By Ronald Miller, J.D.
Given an arbitrator’s extensive examination of a Basic Labor Agreement (BLA) and his acknowledgement of a no-add provision, the Ninth Circuit concluded that his arbitration award was grounded in his reading of the BLA, and as such, the court was bound to enforce it. Because the arbitrator’s award drew its essence from [Read more...]

HR director’s overheard ‘threat’ to injure employee not enough to support retaliation claim

June 19th, 2018

By Kathleen Kapusta, J.D.
Addressing an employee’s claim that her coworkers tried to kill her in retaliation for suing their employer, the Seventh Circuit first found the HR director’s alleged instruction to a deputy chief to “get her alone,” the deputy chief’s response that he was “going to do it,” and his command to “do it [Read more...]