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NLRB: Employer’s airport operations subject to RLA, not NLRA; union certification vacated

February 5th, 2019

By Ronald Miller, J.D.
Using the National Mediation Board’s traditional carrier control factors, the NLRB concluded that an employer’s airport operations were controlled by air carriers and so were subject to the RLA, as opposed to the NLRA, and so were subject to NMB jurisdiction.
Finding that five of the six traditional carrier control factors established that [Read more...]


EEOC claims of illegal medical exam, wrongful discharge revived for employee with mobility issues

February 4th, 2019

By Ronald Miller, J.D.
The EEOC’s claims were inappropriately dismissed on summary judgment because reasonable jury could conclude that the employer lacked a reasonable belief, at the time it required the employee to take a medical exam, that she would posed a direct threat to her own safety.
A reasonable jury could conclude that when an employer [Read more...]


In SCOTUS briefs, In-N-Out, solicitor general spar over application of Janus to ‘Fight for $15’ buttons

February 4th, 2019

By Pamela Wolf, J.D.
The petition for Supreme Court certiorari review and the solicitor general’s brief in opposition are at odds over whether “extraordinary circumstances” exist that would permit application of the Court’s Janus ruling to the facts of this case.
Department of Justice Solicitor General Noel Francisco is urging the Justices to refrain from taking up [Read more...]


Alabama state vs. city minimum wage battle, heavily impacting blacks, goes to full Eleventh Circuit

February 1st, 2019

By Pamela Wolf, J.D.
The Eleventh Circuit has agreed to rehear en banc claims that an Alabama law mandating a uniform minimum wage throughout the state and preempting local laws had the purpose and effect of discriminating against Birmingham’s black citizens.
The Eleventh Circuit Court of Appeals on January 30 granted rehearing en banc of—and accordingly vacated—a [Read more...]


Employer’s airport operations subject to RLA, not NLRA, so union certification vacated by NLRB

February 1st, 2019

By Ronald Miller, J.D.
Because an employer’s operations at a regional airport were subject to the Railway Labor Act, as opposed to the NLRA, it was subject to the jurisdiction of the National Mediation Board. Agreeing with the NMB, the NLRB granted the employer’s request for review and vacated a union’s certification.
A divided three-member panel of [Read more...]