January 22, 2014
Topical Highlights for Labor and Employment provides summaries of significant federal and state judicial decisions and legislative and administrative activities affecting labor and employment law. A Westlaw subscription is required to access the documents linked from this page.
Public Employment: Federal employee was not collaterally estopped from challenging basis of his removal in administrative proceedings. Kavaliauskas v. Department of Treasury 2014 WL 172077 (M.S.P.B.) A Department of Treasury employee, by entering into an agreement for pretrial diversion of a potential charge of unauthorized use of a government compute, was not collaterally estopped from administratively challenging the charge, that he had improperly accessed taxpayer data without official reason to do so, that formed the basis of his removal. Even if the same facts formed the basis for both his removal and the potential criminal charges, the employee’s underlying conduct was not actually litigated. Although the employee accepted responsibility for his behavior in the pretrial diversion agreement, he did not plead guilty, was never convicted, and was successfully discharged from the program. 2014 WL 172077. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).
Benefit Plans: Death of participant from mixed prescription drug intoxication was accidental. Nichols v. Unicare Life and Health Ins. Co. 2014 WL 148731 (C.A.8 (Ark.))
Transportation Workers: Postverdict, prejudgment interest was not available in state-court action under Federal Employers’ Liability Act. Kinworthy v. Soo Line R. Co. 2013 WL 6839906 (Minn.App.)
Public Employment: Former Assistant United States Attorney was an employee who was entitled to hearing on her rights regarding her removal. Mitchell v. Merit Systems Protection Bd. 2014 WL 128601 (C.A.Fed.)
Public Employment: Merit Systems Protection Board had authority to determine whether agency complied with regulation in indefinitely suspending employee after revocation of security clearance. Schnedar v. Department of Air Force 2014 WL 172347 (M.S.P.B.)
Public Employment: Federal employee sufficiently alleged claim of discrimination based on his status as a veteran. Beck v. Department of Navy 2014 WL 172062 (M.S.P.B.)
Public Employment: Merit Systems Protection Board had jurisdiction over retirement appeal in which Board Office of Personnel Management (OPM) improperly failed to issue final decision. Okello v. Office of Personnel Management 2014 WL 172054 (M.S.P.B.)
Discrimination: Defective FEHA special verdict was “saved” by harmless error rule. Taylor v. Nabors Drilling USA, LP 2014 WL 114036 (Cal.App. 2 Dist.)
Collective Bargaining: County and police union were not statutorily prohibited from engaging in bargaining regarding deductible payment allocation. Wisconsin Professional Police Ass’n v. Wisconsin Employment Relations Com’n 2013 WL 6182571 (Wis.App.)
Public Employment: Associational rights claim arising from firing of union-member state employees as negotiating tactic—Certiorari Denied Rowland v. State Employees Bargaining Agent Coalition 2014 WL 210778 (U.S.)