POSTED: Thursday, February 2nd, 2012 at 12:31 pm

BY: WISCONSIN LAW JOURNAL STAFF

11-1920 Beary Landscaping, Inc., v. Costigan

POSTED: Thursday, October 13th, 2011 at 10:11 am

BY: WISCONSIN LAW JOURNAL STAFF

2010AP1991 Davenport v. Wisconsin Employment Relations Commission, et al.

POSTED: Thursday, September 1st, 2011 at 11:18 am

BY: WISCONSIN LAW JOURNAL STAFF

Labor
First Amendment; state employees

POSTED: Monday, August 22nd, 2011 at 1:00 pm

BY: WISCONSIN LAW JOURNAL STAFF

Labor
Mid-term modifications

POSTED: Monday, August 8th, 2011 at 1:18 pm

BY: WISCONSIN LAW JOURNAL STAFF

Labor
Ready-mix concrete

POSTED: Thursday, June 23rd, 2011 at 12:58 pm

BY: rick.benedict

Labor
Unfair labor practices

POSTED: Wednesday, June 8th, 2011 at 11:25 am

BY: WISCONSIN LAW JOURNAL STAFF

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 changes to collective [...]

POSTED: Monday, May 16th, 2011 at 12:44 pm

BY: WISCONSIN LAW JOURNAL STAFF

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 NEGOTIATIONS OR APPROVED [...]

POSTED: Monday, May 2nd, 2011 at 2:01 pm

BY: WISCONSIN LAW JOURNAL STAFF

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 curiam), the Court [...]

POSTED: Thursday, April 7th, 2011 at 1:47 pm

BY: WISCONSIN LAW JOURNAL STAFF

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 OSHA promulgated a [...]

POSTED: Monday, March 21st, 2011 at 11:50 am

BY: WISCONSIN LAW JOURNAL STAFF

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 bound by’ the [...]

POSTED: Friday, March 11th, 2011 at 12:54 pm

BY: WISCONSIN LAW JOURNAL STAFF

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 the Behnke case [...]

POSTED: Wednesday, March 9th, 2011 at 12:59 pm

BY: WISCONSIN LAW JOURNAL STAFF

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 sole right to [...]

POSTED: Tuesday, February 8th, 2011 at 4:17 pm

BY: WISCONSIN LAW JOURNAL STAFF

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 Rule 40(e) is [...]

POSTED: Tuesday, December 21st, 2010 at 3:20 pm

BY: WISCONSIN LAW JOURNAL STAFF

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 exception to the [...]

POSTED: Monday, December 13th, 2010 at 3:15 pm

BY: WISCONSIN LAW JOURNAL STAFF

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 in this case [...]