Labor Unions

Utah Supreme Court
  1. UTA v. Local 382 of the Amalgamated Transit Union (Utah, November 6, 2012) (dismissal of dispute as moot following the parties' own negotiated settlement; lengthy discussion of jurisdiction)
Utah Court of Appeals
United States Supreme Court
  1. M&G Polymers USA, LLC v. Tackett (U.S., January 26, 2015) (vacating the judgment of the Sixth Circuit with instructions to employ "ordinary principles of contract law" to provisions regarding retired employees)
  2. Harris v. Quinn (U.S. June 30, 2014) (union membership and dues)
  3. NLRB v. Canning (U.S. June 26, 2014) (collective bargaining agreement evolves into dispute over whether NLRB panel members were invalidly appointed under Recess Appointments Clause) 
  4. Sandifer v. United States Steel Corp. (U.S. Jan. 27, 2014) (Fair Labor Standards Act dispute also involving union employees)
  5. Ray Haluch Gravel Co. v. Central Pension Fund (U.S. Jan. 15, 2014) (collective bargaining agreement—attorney fees) 
  6. Granite Rock Company v. International Brother of Teamsters (U.S. June 24, 2010) (arbitratibility of a labor contract allegedly formed during strike period and claim of union tortious interference with CBA)
  7. New Process Steel, L.P. v. NLRB (U.S. June 17, 2010) (authority of NLRB to delegate duties) 
  8. Union Pacific Railroad Company v. Brotherhood of Locomotive Engineers (U.S., December 8, 2009) (meaning of jurisdiction under the Railway Labor Act)
  9. 14 Penn Plaza LLC v. Pyett (U.S. April 1, 2009) (mandatory arbitration clause in Union Contracts)
  10. Ysursa v. Pocatello Ed. Ass'n (U.S. Feb. 24, 2009) (First Amendment case involving state ban on Union political payroll deductions) 
  11. Locke v. Karras (U.S. Jan 21, 2009) (First Amendment question involving union dues chargeable to non-union governmental employees)
Tenth Circuit Court of Appeals
  1. Jara v. Standard Parking (10th Cir., July 13, 2017) (affirming 12(b)(6) dismissal of Jara's claims because he alleged no facts suggesting the Union acted in such a discriminatory, dishonest, arbitrary, or perfunctory fashion as to breach its duty of fair representation)
  2. Society of Prof'l Eng'g Employees in Aerospace v. Spirit Aerosystems, Inc. (10th Cir., 15 March 2017) (reversing summary judgment in favor of Spirit Aerosystems:  an individual employee's grievance (challenging company-wide policy) was in fact subject to arbitration under the parties' collective bargaining agreement)
  3. United States v. Grigsby (10th Cir., December 7, 2016) (affirming district court order that Grigsby's union retirement account be liquidated to satisfy the restitution judgement against him)
  4. United Steel, Paper & Forest v. Phillips 66 (10th Cir., October 17, 2016) (affirming district court judgment ordering arbitration, as the arbitration provision in the collective bargaining agreement was not susceptible to an interpretation excluding the grievances at issue)
  5. American Federation of Gov't Employees, Local 1592, v. Federal Labor Relations Authority (10th Cir., September 7, 2016) (denying the union's petition to review an FLRA decision denying a union member a union representative during interrogation)
  6. United Steel Union No. 348 v. Magellan Midstream Holdings (10th Cir., June 16, 2016) (affirming summary judgment in favor of the Union concluding that agreement requiring that certain positions be staffed with union workers is subject to arbitration provision)
  7. Ortega v. New Mexico Legal Aid, Inc. (10th Cir.,  March 29, 2016) (affirming dismissal of breach-of-contract claim for failure to exhaust the collective bargaining agreement's grievance procedure)
  8. International Union of Operating Engineers, Local 627 v. NLRB (10th Cir., December 3, 2015) (affirming NLRB finding that the union violated the National Labor Relations Act by  removing employee's name from the work-eligible employees, refusing to allow her to see the list, refusing her reregistration, and refusing to stamp her unemployment book)
  9. Trustees of the 8th District Electrical Pension Fund v. Wasatch Front Electrical and Construction, LLC (10th Cir., December 22, 2014) (dismissing untimely appeal of summary judgment and reversing award of attorney's fees)
  10. International Brotherhood of Electrical Workers v. Public Service Company of Colorado (10th Cir., December 9, 2014) (affirming denial of stay and arbitrability of collective bargaining agreement under the FAA---excellent discussion of jurisdiction and the FAA, as well as a cogent dissent)
  11. Teamsters Local Union No. 455 v. NLRB (10th Cir., August 27, 2014) (denying union's petition for review)
  12. Trustees of the Utah Carpenters’ & Cement Masons’ Pension Trust v, Loveridge (10th Cir., June 10, 2014)  (withdrawal from union pension plan)
  13. United Food & Commercial Workers International Union v. King Soopers, Inc. (10th Cir., Feb. 28, 2014) (enforcement of arbitration award under collective bargaining agreement)
  14. Cillo v. City of Greenwood Village (10th Cir., December 31, 2013) (allegation that city fired police sergeant because it opposed the union chapter he led)
  15. Brotherhood of Locomotive Engineers v. BNSF Railway Company (10th Cir., December 9, 2013) (upholding as unambiguous NARB arbitration order)
  16. Air Methods Corp. v. Opeiu (10th Cir., Dec. 3, 2013) (review of arbitration agreement pursuant to collective bargaining agreement)
  17. Buck v. CF&I Steel, L.P. (10th Cir., Sept. 5, 2013) (fair representation by union after failed drug test) 
  18. Communication Workers of America v. Avaya, Inc. (10th Cir., Sept. 11, 2012) (dispute over whether arbitration was required by collective bargaining agreement)
  19. Public Service Co. v. NLRB (10th Cir., Aug. 28, 2012) (unfair labor practice following termination)
  20. Williams v. NFL (10th Cir., Aug. 27, 2012) (review of labor arbitration case for compliance with collective-bargaining agreement originating from drug testing and termination)
  21. NLRB v. Teamsters Local Union No. 523 (10th Cir., July 5, 2012) (finding by NRLB that union participated in unfair labor practices affirmed)
  22. Suncor Energy (U.S.A.), Inc. v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC; USW Local Union 12-477 (10th Cir., March 29, 2012) (affirming ruling that contract-interpretation was subject to arbitration)  
  23. San Juan Coal Co. v. International Union of Operating Engineers, Local 953 (10th Cir., March 6, 2012) (judicial deference to arbitral award regarding overtime pay)
  24. Chavez v. Albuquerque (10th Cir., January 12, 2011) (multi-union appeal regarding overtime pay under the Fair Labor Standards Act)
  25. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Services Workers International Union v. Conoco Phillips Co. (10th Cir. April 13, 2011) (arbitrability of union grievances)
  26. Teamsters Local Union No. 523 v. NLRB (10th Cir. Oct. 29, 2010) (Authority of NLRB to Act)
  27. Parks v. Dittmar (10th Cir., Sept. 14, 2010) (bankruptcy case involving employee collective bargaining agreement)
  28. Menges v. ABF Freight System, Inc. (10th Cir. July 7, 2010) (termination in violation of CBA)
  29. Chevron Mining Inc. v. United Mine Workers of America Local 1307 (10th Cir. August 12, 2010) (appeal of CBA arbitration of just cause termination)
  30. CP Kelco US, Inc. v. International Union of Operating Engineers, Local No. 627 (10th Cir. June 3, 2010) (breach of collective bargaining agreement claim)
  31. Brotherhood of Maintenance of Way Employes Division v. Burlington Northern Santa Fe Railway Co. (10th Cir. March 2, 2010) (Railway Labor Act and breach of collective bargaining act claims)
  32. Laborers' International Union, Local 578 v. NLRB (10th Cir. Feb. 2, 2010) (unfair labor practices claim)
  33. Teamster Local No. 523 v. National Labor Relations Board (10th Cir. Dec. 22, 2009) (unfair labor practices claim)
  34. Colorado Springs v. Solis (10th Cir. Dec. 21, 2009) (Urban Mass Transportation Act claim)
  35. Air Methods Corp. v. Office & Professional International Union (10th Cir. July 16, 2009) (appeal of arbitration award)
  36. Utah Education Association v. Shurtleff (10th Cir. April 21, 2009) (First Amendment case involving Utah ban on union political payroll deductions)

No comments:

Post a Comment