12-1264 & 12-1362 Harrell v. American Red Cross
10-3314 & 10-3518 Brotherhood of Locomotive Engineers and Trainmen v. Union Pacific Railroad Co.
09-3706 Rutherford v. Judge & Dolph Ltd.
12-1973 & 12-1984 Richards v. NLRB
11-3194 Carpet Service International, Inc., v. Chicago Regional Council of Carpenters
11-1826 McCleskey v. DLF Construction, Inc.
10-3300 NLRB v. KSM Industries, Inc.
2011AP1716 Wausaukee School District v. Wausaukee Education Association
2011AP1174 & 2011AP1283 Milwaukee Police Supervisors’ Organization v. City of Milwaukee
11-1955 Copeland v. Penske Logistics, LLC
11-2423 Exelon Generation Co., LLC, v. Local 15
11-1883 & 11-2058 Ruan Transport Corp. v. NLRB
10-3213, 10-3701, 10-3872 & 11-1011 Rochelle Waste Disposal, LLC, v. NLRB
11-1920 Beary Landscaping, Inc., v. Costigan
2010AP1991 Davenport v. Wisconsin Employment Relations Commission, et al.
Labor
First Amendment; state employees
Labor
Mid-term modifications
Labor
Ready-mix concrete
Labor
Unfair labor practices
Labor MERC; arbitration Sections 111.70(4)(c)2.b. and (4)(mc)1., read together, permit the negotiation of alternative dispute resolution procedures, but require arbitration as an alternative if sec. 62.13(5) is a designated procedure. “The City additionally cites to a Legislative Fiscal Bureau Summary of Budget Provisions of the Committee of Conference dated October 2007. This summary addresses the [...]
Labor Misrepresentation A finding by the NLRB that a union’s statement was misleading, but not grounds to vacate an election is affirmed. “E.A. Sween urges focus on the first sentence: ‘“THE U.S. SUPREME [sic] HAS HELD THAT ALL EXITING [sic] TERMS AND CONDITIONS OF EMPLOYMENT BY LAW MUST REMAIN THE SAME UNTIL AND DURING CONTRACT [...]
Labor Legislative immunity A governor’s decision to eliminate government jobs is protected by legislative immunity. “Because we find that Governor Blagojevich’s veto was legislative, we also hold that the district court did not abuse its discretion in blocking the Governor’s deposition and limiting Curry’s deposition. In Dombrowski v. Eastland, 387 U.S. 82, 85 (1967) (per [...]
Labor Regulations Enforcement of a long ignored regulation is not adoption of a new occupational safety and health standard. “Recently another circuit reached the same conclusion in functionally identical circumstances. See Steel Erectors Association of America, Inc. v. Occupational Safety and Health Administration, 2011 U.S. App. LEXIS 3137 (4th Cir. Feb. 17, 2011). In 2001 [...]
Labor Joint grievance committees; judicial review Where a CBA provided for resolution of grievances by a joint grievance committee, the awards are not subject to judicial review. “[B]ecause the collective bargaining agreement establishes that any resolution of a grievance by majority vote of the joint committee is ‘final and binding on all parties and individuals [...]
Labor ERISA; modification An oral agreement cannot modify a written agreement, even if written notice is provided. “Auffenberg cites Central States, Southeast & Southwest Areas Pension Fund v. Behnke, Inc., 883 F.2d 454 (6th Cir. 1989), in support of the proposition that CBAs can be orally modified as long as written notice is given. But [...]
Labor Duty of good faith A government employer does not have a unilateral duty to disclose to the Union that it is considering privatizing some positions. “The language of the 2007-08 collective bargaining agreement clearly gave the County the right to subcontract. Specifically, the ‘management rights’ article states that ‘[t]he County retains and reserves the [...]
Labor RLA; preemption The Railway Labor Act does not completely preempt retaliatory-discharge claims under state law. “Graf’s holding that the RLA completely preempts retaliatory-discharge suits under state law is overruled. (Other parts of Graf are unaffected by this conclusion.) Because this conclusion is compelled by decisions of the Supreme Court after Graf, circulation under Circuit [...]
Labor Arbitration An arbitration decision that a county violated the union’s collective bargaining agreement by reducing work hours is not void. “Insofar as whether the Award violates ‘a strong public policy,’ see Racine County, 2008 WI 70, ¶11, 310 Wis. 2d at 519, 751 N.W.2d at 317, the Award does not run afoul of that [...]
Labor Railway Labor Act Where an employer shifted work from a facility where the workers are unionized to one where they are not, it was an abuse of discretion for the district court to issue an injunction against the employer altering the pay, work rules or working conditions of the non-union employees. “The injunction issued [...]
