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10-1389 Bagley v. Blagojevich
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 […]
11-1340 National Roofing Contractors Ass’n. v. DOL
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 […]
09-3271 Merryman Excavation, Inc., v. International Union of Operating Engineers
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 […]
09-2964 Central States, Southeast & Southwest Areas Pension Fund v. Auffenberg Ford, Inc.
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 […]
2010AP582 Washington County v. WERC
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 […]
10-1129 Hughes v. United Air Lines, Inc.
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 [&hel[...]
2010AP535 Milwaukee District Council 48 v. Milwaukee County
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 […]
10-2291 International Brotherhood of Teamsters Airline Division v. Frontier Airlines, Inc.
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 […]
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- U.S. Attorney Gregory J. Haanstad recognizes service and sacrifice of federal, state, local, and Tribal law enforcement
- Gov. Evers calls special elections for the 4th Senate District and 8th Congressional District
- Wisconsin GOP-led Senate votes to override nine Evers vetoes in mostly symbolic action
- Bill to curb mask-wearing at protests could make it illegal for medical reasons too
- University board slashes diversity program funding to divert money to public safety resources
- Second defendant convicted in Fond du Lac 2016 firebombing
- ‘Louder than a dog whistle’: Milwaukee protesters clear illegal tents, face no legal consequences
- Redistricting could draw attention to Wisconsin’s Med Mal legal gap
- Disbarred Attorney directly implicates Trump in testimony at hush money trial
- Rural Wisconsin voters face additional hurdles without ballot drop boxes
- Gov. Evers sues Republican legislators
- Man pleads guilty to producing videos depicting monkey torture
WLJ People
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- Power 30 Personal Injury Attorneys – Matthew Lein
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