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15 Jun 2017 ‘Let’s Get Ready To Rumble!’ Class Action Waiver Battle Kicks Off At Supreme Court

  The class action waiver battle between employers and the National Labor Relations Board (NLRB) has been brewing for years. It’s finally coming to a head, as the U.S. Supreme Court agreed to resolve the dispute earlier this year and a group of employers just filed their opening briefs in the matter.   Class action waivers are a tool utilized by companies to blunt costly and time-intensive class or collective claims brought by a large…

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30 Jun 2014 BREAKING NEWS: Supreme Court Overturns Illinois Forced Union Dues Statute

  In a 5-4 opinion just released by the Supreme Court, the Court in an opinion written by Justice Aliotto has determined that the 1st Amendment prohibits the State of Illinois from requiring Personal Assistants hired by Medicaid recipients under the Illinois Home Services Program (Rehabilitation Program) from being required to pay union dues to the SEIU.  Under the state statute, the SEIU entered into collective-bargaining agreements with the State that contained an agency-fee provision…

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30 Jun 2014 Breaking News: Supreme Court limits unionization for “partial public employees.”

    Supreme Court limits unionization for “partial public employees.”  More complete report to follow.       Scott WitlinScott J. Witlin is a partner in the Los Angeles office of Barnes & Thornburg and a member of the firm’s Labor and Employment Law Department and the Entertainment and Music Practice Group. Mr. Witlin handles traditional labor and employment matters, including arbitrations, collective bargaining negotiations, compliance with various guild and union agreements, and union organizing…

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22 Jan 2014 Supreme Court Hears Oral Argument on the Constitutionality of Public Sector Unions

With all the focus on Noel Canning last week, it’s easy to overlook another labor case in front of the high court this term – Harris v. Quinn, No. 11-681, had oral argument in front of the Supreme Court yesterday and involves a constitutional challenge to agency shop rules for public employee unions. Under previous Supreme Court precedent, public employees who are represented by a union can be required to accept the exclusive representation of the…

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14 Jan 2014 Supreme Court Hears <i>Noel Canning</i> Oral Argument

The Supreme Court wasted no time Monday getting to the “important stuff” on its first day of oral arguments in 2014. The Court heard argument in the Government’s appeal of the decision of the United States District Court of Appeals for the D.C. Circuit which held that the White House acted unconstitutionally when it appointed three members to the NLRB as “recess appointments” Most commentators among those present for the argument are saying that it…

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11 Dec 2013 Supreme Court Takes a Pass on <i>Unite HERE v. Mulhall</i>

The Supreme Court dismissed the appeal of Unite Here v. Mulhall, a case it had agreed to hear and, in fact, had held oral argument in just last month. The dismissal leaves in effect an 11th Circuit ruling that held that a so called “neutrality agreement” between a Unite Here local and a Florida racetrack could have violated federal labor law. The dismissal in effect reversed the granting of certiorari and have limited precedential effect….

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25 Jun 2013 Supreme Court to Review Legality of Union Neutrality Agreement

In addition to agreeing to hear the issue of recess appointments, on June 24, 2013, the Supreme Court granted cert in a case challenging the legality of so called “neutrality agreements.”  UNITE HERE, Local 355 v. Mulhall. Unions use neutrality agreements to get employers to agree not to oppose unionization and not to campaign against a union. UNITE HERE is challenging the ruling of the 11th Circuit that such neutrality agreements could constitute a “thing of value” which cannot be…

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24 Jun 2013 Supreme Court to Hear Recess Appointment Dispute

The United States Supreme Court today agreed to hear the controversy over President Obama’s recess appointments to the NLRB. The case the Court agreed to hear is NLRB v. Noel Canning. The Court is expected to hear the case in the 2013-2014 term. No additional dates have yet been set. Additional Resources Link to the Supreme Court order: NLRB v. Noel Canning (PDF) The Wall Street Journal: “Supreme Court to Consider Obama Recess Appointments“ Scott…

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01 May 2013 Department of Justice Files Writ of Certiorari with U.S. Supreme Court in Noel-Canning Case

The Solicitor General of the United States, Donald B. Verrilli, has filed a Writ of Certiorari on behalf of the National Labor Relations Board (the NLRB), asking the Supreme Court to review the decision by the D.C. Circuit, which we discussed here. In the Writ of Certiorari, Verrilli asks the Court to overturn the D.C. Circuits decision, which found President Obama’s recess appointment to the NLRB unconstitutional, on the grounds that… 1. “[t]he court of…

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