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Employees may not sue employer under RLA for ‘colluding’ with union’s breach of duty

June 12th, 2019

By Kathleen Kapusta, J.D.
An employer has no duty to tell the union how to fulfill its duty to represent its constituents, said the court, and without a duty, there can be no liability.
In the latest chapter in this “bitter seniority dispute” between two factions of airline pilots, the Ninth Circuit, affirming the decision of the [Read more...]

RIFs are subject to disparate-impact review; class action race bias claims revived

June 11th, 2019

By Brandi O. Brown, J.D.
The employees, who were laid off in a RIF, can pursue their disparate impact claims against the District of Columbia; the appeals court saw no basis in to exempt RIFs from a disparate impact review.
Addressing for the first time “whether a RIF or, more precisely, the practices through which an employer [Read more...]

Union gets unredacted copy of third-party agreement incorporated into bargaining proposal

June 11th, 2019

By Ronald Miller, J.D.
Because an employer incorporated a Home Service Provider agreement with a third party into its bargaining proposal to a union, the employer had to provide a full, unredacted copy of that agreement to the union.
A DirectTV installation contractor was obligated to provide a full, unredacted Home Service Provider (HSP) agreement to a [Read more...]

Consignment sales company’s event ‘volunteers’ are FLSA employees

June 11th, 2019

By Georgia D. Koutouzos, J.D.
Applying the “totality-of-the-circumstances” test, DOL did not commit a clear error in judgment when applying the relevant factors to the facts of the for-profit company’s case.
The Department of Labor did not act in an arbitrary and capricious manner in determining that “consignor/volunteers” who help organize and run a for-profit company’s consignment [Read more...]

Litigious maintenance director not promoted, not reappointed, but not because of race

June 10th, 2019

By Joy P. Waltemath, J.D.
The employee lacked evidence that being transferred to a different building after not being reappointed was unusual, and the record did not show any evidence of racial animus.
Because a nonpromoted and ultimately terminated African-American assistant director of building maintenance for a state university had not identified evidence that her ethnicity was [Read more...]