Selected Labor Law Decisions

Robert L. Rediger’s Selected Labor Law Decisions

National Labor Relations Board Decisions

American Automatic Fire Protection Co., (Sprinkler Fitters, Local 483), 302 NLRB 1014 (1991). The continuing violation theory cannot be applied to a 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 employer committed unfair labor practices by subcontracting its delivery operations dismissed.

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 granted, and NLRB’s petition for enforcement denied.

Labor Arbitrations

Universal Protection Service and SEIU, Local 24/7, 133 LA 1269 (2014). Grievance denied where contractor used its “best efforts” to secure employment for a security officer who had been removed from post due to “client request.”

Universal Protection Service and SEIU, Local 24/7, 133 LA 1707 (2014). Grievance denied where CBA provided that the failure to file a grievance in a timely manner resulted in the grievance being deemed “withdrawn with prejudice.”

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.

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 v. American Lithographers, 233 FRD 554 (N.D. Cal. 2006). Plaintiffs’ motion seeking relief from dismissal of 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 union for declaratory and injunctive relief to enforce CBA and successorship addendum.

Board of Trustees of the Mill Cabinet Pension Trust Fund for Northern California v. Valley Cabinet & Manufacturing, Co., 877 F.2d 769 (9th Cir. 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.

Northwest Administrators, Inc. v. B.V. & B.R., Inc., 813 F.2d 223 (9th Cir. 1987). Whether employer and union intended seasonal employees to be covered by pension plan at time of execution of CBA was ambiguous, precluding summary judgment.