Westlaw Topical Highlights: Labor and Employment, January 14, 2015

January 14, 2015

Labor and EmploymentTopical 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.

Unfair Labor Practices: Letter sent by union discouraging volunteer firefighters from providing services to borough constituted secondary boycott.     Borough v. Pennsylvania Labor Relations Bd. 2014 WL 6807216 (Pa.Cmwlth.) As a matter of first impression, a Pennsylvania court determined that a strike or work stoppage does not need to occur in order for a union to have engaged in a “secondary boycott.” The court defined “secondary boycott” as union pressures calculated to induce, or encourage, the employees of a secondary employer to withhold their services in order to force their employer to cease dealing with the primary employer.   2014 WL 6807216. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).

Collective Bargaining: Evidence supported implicit finding that state employer failed to give union written notice of proposed schedule changes.  Association of Oregon Corrections Employees v. State 2014 WL 6806890 (Or.App.)

Workers’ Compensation: Felony payment bar was affirmative defense that Department of Labor had to prove with clear, cogent, and convincing evidence.  Department of Labor and Industries v. Rowley 2014 WL 7338753 (Wash.App. Div. 1)

Benefit Plans: Employer’s leasing activities did not rise to level of “trade or business” within meaning of ERISA.  Automotive Industries Pension Trust Fund v. Tractor Equipment Sales, Inc. 2014 WL 5810336 (N.D.Cal.)

Hours and Wages: Undertaking posted by suspended corporate employer which appealed Labor Commissioner order was forfeited to employee following dismissal of appeal.  Tabarrejo v. Superior Court 2014 WL 7335417 (Cal.App. 6 Dist.)

Hours and Wages: Security guards on 24-hour shifts were entitled to overtime for time spent on call and sleeping.  Mendiola v. CPS Sec. Solutions, Inc. 2015 WL 107082 (Cal.)

Removal: Employer’s estimate of amount in controversy in removed action was not reasonable.  Ibarra v. Manheim Investments, Inc. 2014 WL 7495131 (C.A.9 (Cal.))

Collective Bargaining: State unjust enrichment claim was completely preempted by LMRA.  Cefarrati v. JBG Properties, Inc. 2014 WL 5780088 (D.D.C.)

Workers’ Compensation: Termination of claimant’s employment for cause did not preclude temporary total disability (TTD) benefits.  Thomas v. Lafayette Parish School System 2014 WL 6945962 (La.App. 3 Cir.)

Discrimination: Adverse employment action arising from employee’s requested transfer—Certiorari Denied Kalamazoo County Road Comm’n v. DeLeon 2015 WL 132982 (U.S.)

Discrimination: Successor expert’s report did not comply with order allowing Secret Service to replace predecessor expert in African-American agents’ Title VII suit.  Moore v. Johnson 2014 WL 7458733 (D.D.C.)

Unfair Labor Practices: Employer was in contempt of unambiguous command to reinstate employees and to post copy of order and its translation.  Ohr ex rel. National Labor Relations Bd. v. Latino Exp., Inc. 2015 WL 137863 (C.A.7 (Ill.))