(Updated November 2014)
SUPREME COURT
Pending:
Integrity Staffing Solutions, Inc. v. Busk – Whether time spent in security screenings is compensable under the Fair Labor Standards Act. The AFL-CIO filed an amicus brief in support of the Respondents. Oral argument was held on October 8, 2014.
M&G Polymers USA, LCC v. Tackett – Regarding how to construe a collective bargaining agreement in relation to the duration and vesting of retiree health-care benefits. The AFL-CIO filed an amicus brief in support of the Respondents. Oral argument was held on November 10, 2014.
CWA v. Windstream Corp. (petition for a writ of certiorari): Seeking to have the Supreme Court hold the case pending its decision in M&G Polymers. The AFL-CIO assisted in the preparation of this cert petition.
COURTS OF APPEALS
D.C. Circuit
Pending:
DirecTV v. NLRB – Whether, and under what circumstances, Jefferson Standard applies to allegedly disparaging comments expressly made in connection with a labor dispute. Brief
Southern New England Telephone v. NLRB & CWA – Whether employer established special circumstances justifying discipline of union members for wearing union t-shirts bearing the legend, “Prisoner of AT&T,” while performing work on customer premises. Brief
DHL Express v. NLRB & APWU – Whether a workplace hallway is a “working area” where the employer could prohibit distribution of union literature. Brief
Fourth Circuit
Decided:
Nestle Dreyer’s Ice Cream Company v. NLRB – (1) Whether the President’s recess appointments to the NLRB were invalid such that the Board lacked a quorum when deciding this case; and (2) whether the Board’s approach to bargaining unit determinations set forth in Specialty Healthcare is unlawful. Brief. On July 29, 2014 the court granted the NLRB’s unopposed motion to vacate the Board’s decision and remand the case back to the Board in light of Noel Canning. On November 5, 2014, the Board issued a new decision in this test-of-cert case.
Fifth Circuit
Decided:
Dresser-Rand Company v. NLRB and CWA – (1) Whether the President’s recess appointments to the NLRB were invalid such that the Board lacked a quorum when deciding this case; and (2) whether the Board’s findings of violations of the NLRA relating to the company’s lockout and subsequent discriminatory reinstatement of locked-out employees and strikers were supported by substantial evidence. Brief On July 23, the court granted the NLRB’s motion to vacate the Board’s decision and remand the case back to the Board in light of Noel Canning.
NLRB
Pending:
Hyde Leadership Charter School – Brooklyn – Whether a charter school is a political subdivision outside of the Board’s statutory jurisdiction.
Northwestern University – Whether grant-in-aid scholarship football players are “employees” within the meaning of the Act. Brief
Browning-Ferris Industries – Whether the Board should adhere to its existing joint employer standard or adopt a new standard. Brief
Purple Communications, Inc. – Whether the Board should overrule Register-Guard as it relates to employee use of company e-mail. Brief
UPMC – Whether the Board should overrule Register Guard as it relates to employee use of company e-mail. Brief
Babcock & Wilcox Construction Co. – Whether the Board should modify its existing standard for post-arbitral deferral under Spielberg and Olin. Brief
Pacific Lutheran University – Regarding (1) the appropriate standard for determining the Board’s jurisdiction over employees of religiously-affiliated educational institutions; and (2) how Yeshiva should be applied in determining whether university faculty members are managers under the NLRA. Brief
Nexeo Solutions and Teamsters (Locals 705 and 70) – Whether the Board should overrule its Spruce-Up decision and hold that a successor employer has a duty to bargain about initial terms and conditions of employment once it becomes perfectly clear that it intends to hire predecessor’s employees. Brief
Point Park University and Newspaper Guild of Pittsburgh, CWA – On remand from the D.C. Circuit, the issue is whether faculty members are employees, and therefore covered by the NLRA, or managers, and therefore excluded from such protections. Brief
Saint Xavier University and St. Xavier University Adjunct Faculty Organization – Whether the Board has jurisdiction over a proposed unit of faculty members. Brief
Manhattan College and Manhattan College Adjunct Faculty Union, NYSUT – Whether the Board has jurisdiction over a proposed unit of faculty members. Brief
Roundy’s, Inc. – What legal standard the Board should apply in determining whether an employer has violated the Act by denying nonemployee union agents access to its premises while permitting other individuals, groups, and organizations to use its premises for various activities. Brief
SuperShuttle DFW – Whether drivers are independent contractors outside of the coverage of the NLRA or employees covered by the Act. Brief
Kent Hospital – What is the proper standard for charging objecting fee payers for lobbying expenses. Brief
Mezonos Maven Bakery – On May 14, the AFL-CIO and the National Immigration Law Center filed a position statement on behalf of the discriminatees regarding whether ordering the employer to offer conditional reinstatement is an appropriate remedy in this case. The case was remanded to the Board by the court of appeals in Palma v. NLRB, 723 F.3d 176 (2d Cir. 2013). Position Statement
OSHRC
Decided:
Secretary of Labor v. Avcon, Inc. – Held that while the Secretary does have authority under the OSH Act to pierce the corporate veil to hold individuals responsible, piercing the veil was inappropriate in the instant case, as the Secretary had failed to show that the defendant was an employer under the OSH Act. AFL-CIO and Building and Construction Trades Department. Brief
Internal Revenue Service
Pending
Whether Rick Berman’s Center for Union Facts and Bernie Marcus’ The Marcus Foundation violated their “charitable” tax status by engaging in partisan political activity on behalf of Republican senatorial candidates during the 2008 election. Complaint