Westlaw Topical Highlights: Labor and Employment, August 28, 2013

August 28, 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.

Labor Relations Boards: Employer waived Appointments Clause challenge to NLRB quorum by failing to raise issue before Board.  N.L.R.B. v. RELCO Locomotives, Inc. 2013 WL 4420775 (C.A.8).  Extraordinary circumstances did not warrant an employer’s belated Appointments Clause challenge to the National Labor Relations Board’s (NLRB) quorum, raised for the first time on appeal of the Board’s determination that the employer had violated the National Labor Relations Act (NLRA) by terminating employees for engaging in protected union activity. All of the facts and legal arguments necessary to make the challenge were available to the employer when its case was heard by the Board. The employer was aware that the NLRB’s quorum included recess appointees and it was aware of when and by what means those members were appointed, and yet had decided not to pursue the argument before the Board.  2013 WL 4420775. (The full-texts of the rest of the Topical Highlights are available within Westlaw Next, subscription required).

Workers’ Compensation: Statutory presumption of correctness to permanent impairment rating provided by MIR physician was not unconstitutional.  Mansell v. Bridgestone Firestone North American Tire, LLC,  2013 WL 4430909 (Tenn.)

Public Employment: SPB abused its discretion in finding that officer’s job application was not dishonest. California Science Center v. State Personnel Board, 2013 WL 4414806 (Cal.App. 2 Dist.)

Collective Bargaining: Employee was member of bargaining unit covered by collective bargaining agreement (CBA).  Bhatnagar v. Medco Health, LLC,2013 WL 3970902 (D.Nev.)

Benefit Plans: ERISA preempted New York statute limiting non-statutory reimbursement claims against personal injury recoveries. Kohl’s Dept. Stores v. Castelli, 2013 WL 4038723 (E.D.N.Y.)

Workers’ Compensation: New Jersey’s intentional wrong exception to workers’ compensation exclusive remedy rule did not apply to worker’s claim.  Lebron v. SML Veteran Leather, LLC 2013 WL 4414799 (N.Y.A.D. 1 Dept.)

Benefit Plans: Plan participant’s enhanced early retirement benefit was protected by ERISA’s anti-cutback rule.  Ford v. Owens-Illinois, Inc., 2012 WL 8884353 (N.D.Ohio)

Discrimination: Employer was not entitled to summary judgment on terminated security guard’s age discrimination claims.  Johnson v. Securitas Sec. Services USA, Inc., 2013 WL 4504589 (C.A.8 (Mo.))