FREE DOWNLOAD: Dismissal of Claim Based on Carve-Out Agreement (Calif. WCAB panel)

Aleksandr Yamnitsky v. Morrow-Meadows Corporation Dismissal—Application for Adjudication—Alternative Dispute Resolution—WCAB rescinded WCJ's order dismissing applicant/electrician's Application for Adjudication of Claim alleging injury to multiple body parts from 12/11/2002...

FREE DOWNLOAD: Dismissal of Claim Based on Carve-Out Agreement (Calif. WCAB panel)

Aleksandr Yamnitsky v. Morrow-Meadows Corporation Dismissal—Application for Adjudication—Alternative Dispute Resolution—WCAB rescinded WCJ's order dismissing applicant/electrician's Application for Adjudication of Claim alleging injury to multiple body parts from 12/11/2002...

DENMARK: Danish Brewery Workers Go on Strike for Right to Drink Beer on the Job

DENMARK - Management at Denmark ’s Carlsberg brewery has ended a work policy to allow workers to drink free beer throughout the work day, effective April 1st, resulting in a strike by hundreds of workers who say management violated the barganing agreement by not allowing workers to give their input...

NFL Appealing StarCaps Case To U.S. Supreme Court

MINNEAPOLIS – (AP) The NFL is asking the U.S. Supreme Court to overturn a decision that allowed Minnesota Vikings defensive linemen Kevin and Pat Williams to challenge their four-game suspensions for violating the league's anti-drug policy. The NFL cited the National Labor Relations Act in...

Employment Alert: EEOC Claims U.S. Steel's Alcohol Testing Policy Violates ADA

On September 30, 2010, the Equal Employment Opportunity Commission (EEOC) filed suit against the U.S. Steel Corporation and the United Steelworkers of America, Local 1557, claiming that U.S. Steel's random alcohol testing policy, authorized under its collective bargaining agreement with the union...

Summary of the EEOC’s Final Regulations for the ADAAA – What Companies Should Know (Part One)

The Equal Employment Opportunity Commission has issued regulations implementing the Americans with Disabilities Act Amendments Act (referred to as the ADAAA or the Amendments Act), providing further interpretive guidance for the statutory amendments. One of the central purposes of the Amendments...

Federal Judge Dismisses Miami Dolphin’s Lawsuit Against Former Player for Filing State Workers Comp Claim

A U.S. Magistrate Judge has ruled that former Miami Dolphin’s wide receiver Kendall Newsom was not prohibited by his contract and the NFL’s collective bargaining agreement from filing a workers’ compensation claim in Pennsylvania for a knee injury that he received during a Dolphins...

NFL’s New Collective Bargaining Agreement Allows Players to File Workers’ Comp Claims in Other States

The new collective bargaining agreement that has been approved by the National Football League owners and the National Football League Players Association includes a provision that a player can file worker's compensation claims in states besides the state in which his team is based. Read more at...

NBA Takes Legal Action Against Locked-Out Players

NEW YORK - (AP) With locked-out NBA players threatening to file an antitrust lawsuit, the league beat them to court. The league filed two legal claims on Tuesday against the NBA Players Association, an unfair labor practice charge with the National Labor Relations Board and a lawsuit in federal district...

Legal News Podcast - Divided 7th Circuit: Elimination Of Retiree Health Benefit Doesn't Violate ERISA

A Virginia federal judge finds Viagra patents are valid and infringed, and the 7th Circuit holds in John Sullivan, et al. v. CUNA Mutual Insurance Society, et al., No. 10-1558, 7th Cir.; 2011 U.S. App. LEXIS 16413 , that elimination of a retiree health benefit does not violate ERISA. Hear these and other...

NLRB Told to Follow its Precedent or Explain Why

The United States Court of Appeals for the District of Columbia Circuit recently joined other courts in reining in the efforts of federal agencies to legislate by administrative action. Specifically, in E.I. Du Pont De Nemours and Company v. NLRB , the D.C. Circuit held that the National Labor Relations...

Collective bargaining and the Michigan Constitution: Proposal 2

Michigan voters will be faced with a number of proposals to amend the state's constitution. One of these is Proposal 2 which is being pitched as a means to prevent any "right to work" legislation from being enacted. TV commercials in support of the proposal feature teachers and firemen...

Does CBA Arbitration Clause Preclude Statutory Discrimination Lawsuit? - COTW #114

The Case of the Week comes to us from the Eastern District of Pennsylvania: Harrell v. Kellogg Co., 2012 U.S. Dist. LEXIS 128970 (E.D. Pa. Sept. 10, 2012) [ enhanced version available to Lexis.com subscribers ]. The plaintiff filed racial discrimination, retaliation, and hostile work environment claims...

D.C. Circuit: Labor Board Lacked Quorum In February 2012

WASHINGTON, D.C. - (Mealey's) The District of Columbia U.S. Circuit Court of Appeals on Jan. 25 declined to enforce a National Labor Relations Board ruling that an employer violated the National Labor Relations Act (NLRA) by refusing to reduce an oral agreement to writing and signing off on a collective...

Union Carve-Outs: Labor-Management’s Alternative to Workers’ Compensation in Minnesota

By John Stahl, Esq. Collectively bargained workers’ compensation programs, which are commonly known as carve outs, are a cousin to “opt-out” programs in that both are alternatives to traditional workers’ compensation systems. The similarities extend to both programs avoiding...

California: Former Union Member Not Bound to Arbitration for His Work Injury Claim

In what appears to be a case of first impression, the issue before a WCAB panel was whether an employee, who was a former union member, could be bound to arbitration. In Chamberlain v. Irwin Industries, Inc ., 2013 Cal. Wrk. Comp. P.D. LEXIS – (May 13, 2013), t he WCAB, denying defendant employer’s...

Federal: Retaliatory Discharge Action Not Dependent Upon CBA

The 7th Circuit Court of Appeals recently held that a former employee's state court, state-law, retaliatory discharge claim under the Illinois Workers' Compensation Act (IWCA), was not a “disguised action under the Labor Management Relations Act, 29 U.S.C.S. § 185, so as to allow removal...