Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Category Archives: Courts

Subscribe to Courts RSS Feed

Fifth Circuit Stays Persuader Rule Appeal

Posted in Courts, Department of Labor
On June 15, the Fifth Circuit granted the government’s request to stay the appeal while the Department of Labor (“DOL”) decides whether to rescind the “persuader rule” issued under the Obama Administration.  The group of business associations that filed the lawsuit challenging the rule also opposed the stay.  They argued it was necessary to decide… Continue Reading

Want to Limit an Arbitrator’s Ability to Modify a Disciplinary Decision? Bargaining For It is the Best Bet!

Posted in Arbitration, Courts
Last week, the Ohio Supreme Court issued a decision emphasizing the power of an arbitrator to amend an employer’s disciplinary decision where the CBA lacks an express provision limiting the arbitrator’s authority to do so. At issue in the case was the termination of a police officer for the violation of several police department rules,… Continue Reading

Former NLRB Acting General Counsel’s Service Invalid

Posted in Courts
Former NLRB Acting General Counsel Lafe Solomon was not permitted to serve in that capacity once former President Obama nominated him for the position of General Counsel of the NLRB.  So held the U.S. Supreme Court yesterday in a 6-2 decision.  The decision is just the most recent in a line of cases on the NLRB’s… Continue Reading

Briefing Schedule Set in Persuader Rule Appeal

Posted in Courts, Department of Labor
The Fifth Circuit Court of Appeals has set the briefing schedule in the government’s appeal of the nationwide injunction of the persuader rule.  The government’s brief is due April 17, 2017.  Response briefs are due 30 days later.  Reply briefs must be filed 14 days after the response brief. The briefing schedule may finally tell us… Continue Reading

Judge Gorsuch and the NLRB Part 1: An Initial Overview

Posted in Courts
Earlier this week, as I’m sure everyone has now heard, President Trump announced his pick for the U.S. Supreme Court. For those of you who missed it, President Trump nominated Neil Gorsuch, a judge on the U.S. Court of Appeals for the Tenth Circuit. Curious about his decisions in cases involving the NLRB, I set… Continue Reading

Federal Court Permanently Blocks Persuader Rule

Posted in Courts, Department of Labor, Union Organizing
In welcome news to employers, a federal district judge in Texas earlier this week permanently blocked the Department of Labor’s (“DOL”) persuader rule. The court’s order makes permanent its June decision temporarily blocking the rule.  The temporary order is on appeal to the Fifth Circuit Court of Appeals.  Nonetheless, the court decided that the persuader… Continue Reading

Parties Attempt to Persuade Courts on Legality of New Persuader Rule as July 1st Application Date Approaches

Posted in Courts, Rulemaking, Union Organizing
Challenges to the Department of Labor’s (“DOL”) new persuader rule have reached a critical stage.  Parties opposing the rule, including industry associations and law firms, have asked courts in three separate lawsuits to stop the DOL from enforcing the rule while the courts determine whether the rule is invalid.  Several states, as well as the… Continue Reading

Mandatory Union Fees Preserved By Supreme Court’s Deadlock

Posted in Courts, Union Membership
Today the Supreme Court issued a decision in the closely watched case of Friedrichs v. California Teachers Association, which keeps mandatory union fees for public employees alive.  In a one-sentence opinion, an equally divided Supreme Court simply affirmed the Ninth Circuit’s decision in favor of charging school teachers mandatory union fees.  The decision doesn’t apply… Continue Reading

My Obligatory SCOTUS Nominee Blog Post….

Posted in Courts
So, by now, I’m sure everyone has heard that President Obama announced his pick for the U.S. Supreme Court last week.  In case you missed that, he selected Chief Judge Merrick Garland, from the D.C. Circuit Court of Appeals.  As a result, many have been writing about how Judge Garland has ruled in any given… Continue Reading

Requesting Police Enforcement of Trespass Law is a “Petition” to the Government

Posted in Courts, Unions
The First Amendment to the United States Constitution protects the right of the people “to petition the Government for a redress of grievances.”  Courts have concluded that when a person petitions the Government in good faith, the First Amendment prohibits any sanction for that conduct.  Applied in the labor law context, therefore, employer conduct that… Continue Reading

UPDATE: Business Groups Appeal Loss on Election Rule

Posted in Courts, Elections, Union Organizing
Updating our post from yesterday, the Texas business groups who lost their challenge to the NLRB’s “ambush” election rule wasted no time filing a Notice of Appeal (pdf) of that decision to the U.S. Court of Appeals for the Fifth Circuit.  While it is certainly possible that the appeals court could reverse the decision, any… Continue Reading

The More the Merrier? A New Lawsuit Against the NLRB’s Election Rule Encounters an Early Setback

Posted in Courts, NLRB, Rulemaking
On Thursday, the NLRB won its first courtroom victory in connection with its “ambush” or “quickie” election rule, which went into effect earlier this month.  It was not, however, in one of the two cases that have been pending for some time, and that we have previously discussed on this blog. Instead, the NLRB’s victory… Continue Reading

Ohio Public Employers Beware: Striker Replacement Workers’ Records Open to Public Records Request

Posted in Courts, Unions
Just under a year ago, a teachers’ strike at Strongsville City Schools ended.  The strike lasted nearly two months.  During the strike, the school board hired replacement teachers.  Throughout the strike, these replacement teachers were subject to repeated physical, verbal, and emotional harassment, threats of violence, and—in a couple of rare instances—actual violence. During the… Continue Reading

Supreme Court Cuts Down Yard-Man Inference in Retiree Health Benefit Disputes

Posted in Courts, Union Negotiations
On January 26, the U.S. Supreme Court handed down its opinion in M&G Polymers USA v. Tackett , providing guidance on one of the items on our 2015 to-do list a little earlier than expected. At issue in M&G was a collective bargaining agreement (“CBA”) provision calling for “a full Company contribution towards the cost… Continue Reading