Westlaw Topical Highlights: Labor and Employment, July 17, 2013

July 17, 2013

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

Transportation Workers: Employee asserting claim under Railway Labor Act waived challenge to jurisdiction of special adjustment board.  Sokolowski v. Metropolitan Transp. Authority 2013 WL 3455538 (C.A.2 (N.Y.))  The Court of Appeals for the Second Circuit has held that an employee asserting a Railway Labor Act (RLA) claim waived his challenge in an action for judicial review to the jurisdiction of a special adjustment board, which affirmed his termination from employment with a transit authority employer. The employee explicitly conceded before the board that the board had jurisdiction by acknowledging in his submission to the board that the dispute was properly before the board. This was a matter of first impression in the Second Circuit. 2013 WL 3455538  (The full-texts of the rest of the Topical Highlights are available within Westlaw Next, subscription required)

Collective Bargaining: Two companies were not alter egos such that one would be required to honor the other’s ERISA contribution agreements.  Boland v. Thermal Specialties, Inc. 2013 WL 3043407 (D.D.C.)

Public Employment: Private attorneys appointed as special assistant attorneys general were not employees of the Office of the Attorney General.  State ex rel. Discover Financial Services, Inc. v. Nibert 2013 WL 2460623 (W.Va.)

Benefit Plans: Pension Benefit Guaranty Corporation acted within its discretion in determining participants were not entitled to shutdown benefits.  Deppenbrook v. Pension Ben. Guar. Corp. 2013 WL 2948193 (D.D.C.)

Interest: Where retirement board makes legal error in denying retirement benefits that is corrected by court, plaintiff is entitled to a rate of interest determined by board’s actuary. Herrick v. Essex Regional Retirement Bd. 2013 WL 3481862 (Mass.)

Unions: Failure to petition to vacate arbitrator’s award did not have any effect on employer’s ability to bring action.  American President Lines, Ltd. v. International Longshore and Warehouse Union, Alaska Longshore Div., Unit 60 2013 WL 3481526 (C.A.9 (Alaska))

Hours and Wages: On-call periods when security guards were allowed to sleep were “hours worked” under wage order.  Mendiola v. CPS Security Solutions, Inc. 2013 WL 3356998 (Cal.App. 2 Dist.)

Jurisdiction: Venue provision in settlement agreement waived state’s “Eleventh Amendment” right to not be sued in federal court.  Pettigrew v. Oklahoma ex rel. Oklahoma Dept. of Public Safety 2013 WL 3491643 (C.A.10 (Okla.))