Click hereThe practice of traditional labor law includes litigating matters pertaining to elections and defending employers accused of committing unfair labor practices in trials before the National Labor Relations Board (NLRB), countering union organizing campaigns, negotiating collective bargaining agreements, appearing before labor arbitrators, prosecuting petitions for review of NLRB decisions in the federal courts of appeal, and defending employers in federal court in suits brought by union-affiliated Taft-Hartley trust funds.
NATIONAL LABOR RELATIONS BOARD
American Automatic Fire Protection Co., (Sprinkler Fitters, Local 483), 302 NLRB 1014 (1991). The continuing violation theory cannot be applied to a clear and total contract repudiation so a construction industry employer’s repudiation of pre-hire labor agreement did not violate the Act.
Handy Andy Associates (Teamsters, Local No. 150), 277 NLRB 208 (1985). Complaint alleging that employer committed unfair labor practices by subcontracting its delivery operations dismissed by the NLRB.
JUDICIAL REVIEW OF NLRB DECISIONS
Alldata Corporation v. NLRB, 245 F.3d 803 (D.C.Cir. 2001). Petition for review of NLRB decision finding that employer had committed unfair labor practice by discharging employee who had engaged in concerted activities by complaining about a reduction in commissions for salespeople granted, and NLRB’s petition for enforcement denied.
LABOR ARBITRATIONS
Pacific Standard Press (Teamsters, DC 2), ___LA___ (2010) Grievance denied and discharge sustained where grievant had used profanity after “last chance” agreement.
A-1 Door and Building Solutions (Millmen, Local 1618), ___LA___ (2009) Grievance denied where “modified seniority clause” permitted employer to lay off grievant who had greater time with employer, but less skills and abilities than other employees.
A-1 Door and Building Solutions (Millmen, Local 1618), 123 LA 1286 (2007) Grievance denied where CBA permitted employer to lay off employee “out of seniority” because grievant’s skills and abilities where less than those of less senior employees.
Western Shower Door (Painters, District Council 16), __LA__(2007) CBA prohibited arbitrator from considering the merits where union failed to file timely grievance.
American Lithographers (GCIU, DC 2), 121 LA 993 (2005) Grievance denied where CBA contained a “relative ability” seniority clause, permitting employer to assess the “ability and dependability” of employees being considered for a layoff.
ProTech, Inc. (IUSO/SEIU, Local 24/7)(2004) Grievance denied and discharge sustained where security officer left post and submitted false time reports.
Paratransit, Inc. (ATU, Local 256) (2003) Grievance denied and discharge sustained where grievant had used company bus for personal hair appointment.
Paratransit, Inc. (ATU, Local 256) (2003) Grievance denied and discharge sustained where grievant ignored supervisor’s directive to pick up passenger.
Paratransit, Inc. (ATU, Local 256) (2002) Grievance denied where CBA permitted employer to use subcontractors and managers to perform bargaining unit work.
Paratransit, Inc. (ATU, Local 256) (2002) Grievance denied where employer required employees to bid holidays at same time they bid their vacations.
Paratransit, Inc. (ATU, Local 256), 116 LA 1448 (2002) Grievance protesting employer’s failure to pay “minimum guarantee” to grievant who could only work limited hours due to medical restriction denied.
Paratransit, Inc. (SEIU, Local 22), 100 LA 981 (1993) Grievance denied where employee who was fired for insubordination threatened employer when informed of discharge.
TAFT-HARTLEY TRUST FUND LITIGATION
International Allied Printing Trades Association et. al v. American Lithographers, 233 FRD 554 (N.D.Cal. 2006) Plaintiffs’ motion seeking relief from dismissal of their lawsuit with prejudice denied.
Hotel Employees and Restaurant Employees, Local 2 v. Vista Inn Management Co., 393 F.Supp.2d 972 (N.D.Cal. 2005) Motions to dismiss granted in part in suit brought by a union for declaratory and injunctive relief to enforce CBA and successorship addendum against several defendants.
Board of Trustees of the Mill Cabinet Pension Trust Fund for Northern California v. Valley Cabinet & Manufacturing, Co. , 877 F.2d 769 (9thCir. 1989). Attempt by pension trust fund to pierce corporate veil and impose “alter ego” liability on employer rejected.
Trustees of the National Sprinkler Industry Pension Fund v. American Automatic Fire Protection Co., 680 F.Supp. 731 (D.Md. 1988). First reported federal court decision upholding employer’s repudiation of a pre-hire labor agreement pursuant to the NLRB’s Deklewa decision.