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Vol. 7, Nos. 1-43, pp. 1-1462 Jan. 2 - Oct. 30, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
SAFE DRINKING WATER ACT (SDWA)
DOL ARB decisions, briefly, 1370
Union data provided to NLRB as evidence under Oil Capitol exempt from disclosure to employers, regions advised in memo, 48
Fluor Daniel, back pay, damages for rejected salts calculable under Oil Capitol evidentiary standards, no extraordinary circumstances shown, bid for reconsideration rejected (NLRB), 259
Oil Capitol Sheet Metal, back pay, union challenge to NLRB assigning burden of proof to rejected union salt dismissed, unripe (D.C. Cir.), 512
See PENALTIES
Cardinal Bankshares, accounting irregularities, whistleblowing CFO's claim properly dismissed, no SOX-related violations shown (U.S., rev den), 583
DOL ALJ's rejection of claim before suit filed precludes lawsuit despite exceeding 180-day limit (D.D.C.), 1135 DOL ARB decisions, briefly, 87; 365; 556; 685; 781; 1009; 1273; 1370 Fiduciary Trust Intl., executive fired for trying to market unauthorized hedge fund, not retaliation, business practices complaints not protected (S.D.N.Y.), 1196 Financial services firm liable for firing attorney but back and front pay cut, dissolution in bankruptcy intervening circumstance (DOL ARB), 364; decision reinvigorates SOX whistleblower protection, litigators offer analysis, perspective, 475 Jurisdiction, failure to appeal preliminary findings, final administrative decision (S.D.N.Y.), 1422 PCC Flow Techs. Holdings agent of publicly-held company, liable under SOX, but executive failed to link firing to protected activity (DOL ARB), 1272 Retail employee who opposed return policies but lacked reasonable belief in fraud on shareholders has no whistleblower claim (1st Cir.), 217 Retaliation
Claims revived for in-house attorneys fired after identifying potential fraud on shareholders, attorney-client privilege no bar (9th Cir.), 1159
Evidence, attorney-client privilege (DOL ARB), 1369 Statutes of limitations
Ambiguity, delay in definitive notice of discharge renders engineer's claim timely despite 6-month lag (DOL ARB), 683
Bonus offer linked to confidentiality pledge was adverse action, executive's challenge late-filed, 90-day clock ran from time of offer (10th Cir.), 806 Notice of firing, not effective date, triggers 90-day filing window, HR director's complaint untimely (DOL ARB), 87 Whistleblowing, preventive policies reduce exposure to retaliation claims, minimize impact, attorneys advise on legal, practical concerns, 483
Pension contributions, ad agency, not client, is liable to SAG for pro golfer's TV commercials (9th Cir.), 1033
Cruise line workers' individual contracts, bargaining pact not FAA-exempt seamen's employment contracts, arbitration clauses properly enforced (U.S., rev den), 885
Town beach open less than 7 months in calendar year is recreational establishment under FLSA, seasonal lifeguards exempt, Wage and Hour Op. Letter, 402; text, 406
Nonunion contractor's Ill. antitrust claims completely preempted by NLRA, federal cause of action substituted, dismissal reversed (7th Cir.), 544
UBC, contractor's, hotel's defamation claims proceed, but contract-based claims dismissed (W.D. Wash.), 1259 UBC slammed with $1.7M verdict for threats, coercion to prevent 3d parties from dealing with subcontractor (N.D. Ga.), 258
Art Inst. of Chicago, ERISA interference, §510 (N.D. Ill.), 1457
International Services (ISI), SCA, firm properly debarred from federal contracting due to pattern of payroll-related violations (S.D.N.Y.), 664 Temco Serv. Indus., mandatory arbitration, SEIU pact clause enforceable under NLRA, and ADEA allows (U.S., rvs, rem), 463; text, 486; adverse consequences, ruling could hurt unions, workers with bias claims, ABA told, 524
Pensions, workers denied service credits based on calculations using pre-PDA system, justices invite follow-up briefs on Ledbetter effects (U.S.), In Brief, 335; service credits properly denied, PDA not retroactive, no Ledbetter effect (U.S., rvs), 693; text, 719
Alacatraz ferry operating under concession contract with NPS covered, operator's prevailing wage exemption claim rejected (DOL ARB), 204
DOL ARB decisions, briefly, 87; 685 International Services (ISI), security services properly debarred from federal contracting due to pattern of payroll-related violations (S.D.N.Y.), 664 Overtime, SCA coverage, FLSA suit (N.D. Ill.), 1385 Prevailing wages conferences for government contractors, DOL to explain laws applicable to ARRA, In Brief, 977
Agency fees, 1st Amend., reciprocal arrangement allowed Maine affiliate to charge nonmembers for national litigation costs funded by expense pooling (U.S., aff), 128
1199 SEIU Healthcare Workers East
Kingsbridge Heights Rehabilitation Care Center, ULPs, §10(j) bargaining order, reinstatement order for SEIU strikers upheld (2d Cir.), 744
Strikers failed to notify or call in, reinstatement ruling remanded for NLRB to consider §8(g) conflict with plant rule doctrine (2d Cir.), 668 Local 32BJ
ADA, substantive waiver not enforceable, but office cleaner cannot be compelled to arbitrate where blocked by SEIU pact (S.D.N.Y.), 741
Mandatory arbitration, pact clause enforceable under NLRA, and ADEA allows (U.S., rvs, rem), 463; text, 486; adverse consequences, ruling could hurt unions, workers with bias claims, ABA told, 524 Local 1000, Cal. state workers weigh job actions as governor pushes for more payroll cuts, furloughs, 1041 United Healthcare Workers West (UHW), ULPs, 10-days' notice required for overtime refusal by hospital workers, UHW faulted (9th Cir.), 1092
Attorneys' fees award, negotiations lawful factor for consideration in setting reasonable amount (3d Cir.), 1062
Class action, lack of notice to lawyer, putative class members invalidates (Wash. Ct. App.), 1323 MSHA settlement conferences with mine owners to be delayed until after civil penalties proposed and operator responds, 518 OSHA Field Operations Manual revisions released, settlement language triggers Senate scrutiny, 553 Res judicata, prior class accord, overtime (N.D. Okla.), 1321
ADA, ADEA, release of claims in RIF-related severance accord valid, enforceable (E.D.N.Y.), 737
ADEA, OWBPA, former budget manager's severance accord not knowing and voluntary waiver, claim proceeds (D.N.J.), 873 Age, reverse bias, severance denial, LMRA bars claims requiring interpretation of UAW pact, plant closing accord (6th Cir.), 11 ERISA, stock trader who was offered comparable position with purchasing company properly denied severance pay (S.D.N.Y.), 973 Pre-bankruptcy claims, petition for pension benefits, WARN Act debt not priority administrative expenses (6th Cir.), 229 Principal work location contract clause bars forced relocation, not travel requirement, ex-comptroller fired for insubordination not owed severance pay (7th Cir.), 437
Fair Pay Act
Hiring criteria, use of credit, criminal histories, EEOC class suit (D. Md.), 1354 Lilly Ledbetter Fair Pay Act Pay and promotions, Wal-Mart, en banc review ordered on certification of class potentially including over one million claimants (9th Cir.), 254 Performance evaluations, unconscious discrimination, female lawyers face persistent barriers to advancement at large private firms, ABA told, 528 Promotions
Police officer's superior qualifications suggest pretext, claim revived (6th Cir.), 1288
Stereotyping claim revived for mother passed over due to young children, supervisor comments support liability (1st Cir.), 510
Arbitration, no FAA exemption, claimant subject to valid accord, employer's participation in EEOC proceedings no waiver (8th Cir.), 967
Associational bias, no proof that employee who defended co-worker from sexual harassment fired because of sex, but protected activity saves retaliation claim (E.D. Pa.), 1166 Federal Reserve Board of Governors, bias claims properly rejected, but retaliation claim revived on vel non issue (D.C. Cir.), 346 Gender stereotyping claim revived for gay machine operator, but religious bias properly rejected (3d Cir.), 1223 Mandatory arbitration, notice, consent lacking, claimant who never received agreement not required under Pa. law to arbitrate bias claims (3d Cir.), 470 Rejected for failure to exhaust administrative remedies, but retaliation claim based on earlier complaint revived (4th Cir.), 37 Supervisor's affair and related favoritism not gender-based bias against RIFd complainant, claim rejected (10th Cir.), 1192 Temporal proximity, filing complaint no shield against discipline for prior insubordination, claim fails (U.S., rev den), 131 Stereotyping
Male elections official forced to resign over unconfirmed sexual harassment complaint has triable claim against county for constructive discharge (2d Cir.), 738
Withdrawal of job offer to transsexual was bias because of sex triggering award nearing $500K (D.D.C.), 631 Tenured position, contract nonrenewal adverse job action (2d Cir.), 1449
Affirmative defense
Failure to report reasonably based on more than ordinary fear, defense rejected, $966K award upheld (1st Cir.), 257
PBGC auditor's claim rejected, reporting delay unreasonable, employer was quick to correct (D.C. Cir.), 992 Attorney-client privilege, firm had no right to access claimant's e-mails sent to lawyer through personal account on company laptop (N.J. Super. Ct. App. Div.), 913 By co-worker, failure to correct, knew or should have known negligence standard of liability adopted for employer, claim proceeds (Maine), 702 Discovery order, EEOC questionnaire, cover letter, attorney-client privilege (E.D. Cal.), 1450 Emotional distress, fault split evenly between physician and hospital, nurse awarded record $15M (N.Y. Sup. Ct.), 321 Penalties, N.Y. faithless servant doctrine, forfeiture of CEO salary, bonuses (Mass.), 1418 Pennsylvania
Human Rights Act 4-employee threshold, at-will employment doctrine bar suit against small employer (Pa.), 1091
UI ineligible, benefits reversed for claimant who unreasonably quit job after disciplinary action imposed (Pa. Commw. Ct.), 1297 Retaliation
Enforcement, claimant cannot collect $222.5K judgment where harasser's ex-wife got all assets in intervening divorce (N.D. Ill.), 1089
Evidence, defense document forged, answer struck (N.D. Ga.), 1451 Ill., strict liability imposed on employer for harassing acts of any supervisory employee, authority over victim not required (Ill.), 570 Mo., individual liability supported under state law, contributing factor test, MHRA claim revived (Mo.), 319 Scope, 3d party disclosure during HR probe protected opposition activity under Title VII, firing claim revived (U.S., rvs), 139; text, 169; remand, jury trial (M.D. Tenn.), 1415 Teacher reassigned to teach lower grade with no loss of pay, benefits failed to show adverse action (7th Cir.), 766 Team leaders not management-level employees, knowledge of co-worker's genital exposure not imputed to firm (3d Cir.), 797 University dean acted on good faith belief program director lied and harassed co-workers, firing lawful (8th Cir.), 509 Verbal abuse
Degrading anti-female language, displays actionable even if plaintiff not personally targeted, claim revived (6th Cir.), 736
Fire marshal's remarks to dispatcher offensive, but not severe or pervasive enough for hostile environment (6th Cir.), 430 Title VII claim proceeds, but not retaliation or tort claims (M.D. Ala.), 44
Local 270, back pay, union challenge to NLRB ruling assigning burden of proof to rejected union salt dismissed, unripe (D.C. Cir.), 512
Signal Intl., FLSA, TVPA, immigration status irrelevant to Indian guestworkers' right to sue shipyard alleging visa fraud, forced labor, human trafficking (E.D. La.), 549
Fraud and Identity Theft Prevention Act
No-match regulation
Labor legislation, 2008, DOL reports, 236
State actions summary, 294; 586; 1071; 1433 Statutes of limitations, 3-year window applies to ERISA §501(c) suit for statutory penalties, claim revived (4th Cir.), 118
Labor legislation, 2008, DOL reports, 236
State actions summary, 294; 1206
ADEA is exclusive remedy barring suit under §1983, but 11th Amend. bars ADEA suit, bid to amend complaint properly rejected (9th Cir.), 281
Off-the-clock work, 11th Amend. no bar to bus driver's FLSA collective action against Pa. transit agency (U.S., rev den), 779 UMTA does not preempt city transit agency's governmental immunity from union's state law breach of contract suit to enforce grievance settlement (U.S., rev den), 818
Immigration, ICE crackdown, preparation is key, proactive focus on compliance, internal I-9 reviews could fend off DHS audits, fines, 1146
LMRDA, union financial disclosure, LM-2/LM-3 form, DOL reviews comments on proposed withdrawal of Bush-era rule, 1237; rule rescinded, 1429 NLRA, professor/arbitrator urges substantive, procedural fixes for sick law, speakers debate need for reforms, 846 Supreme Court
Recent decisions establish new standards for bias cases, attorneys discuss impact of Ricci reverse race bias, Gross ADEA holdings, 1038
Sotomayor confirmation hearings, role in New Haven firefighters reverse race bias case attacked, defended, 1005
Tri-Star Search, ERISA, staffing firm fired claimant for alleged disloyalty, not IRA contributions complaint, no pretext shown (D. Ore.), 673
ADA, Rehabilitation Act, retaliation, 3d party complaint (9th Cir.), 1441
Breaks, meal and rest, union lacks standing to sue under Cal. PAGA, unfair competition laws, rights not assignable (Cal.), 965 ERISA
Claimants showing entitlement to retiree health benefits have standing to challenge cancellation regardless of vested status, prior ruling reversed (9th Cir.), 747
Fiduciary breach, participant who cashed out of 401(k) plan may sue over subprime-related stock drop, $5 decline per share sufficient (W.D. Mo.), 286 Stock drop fiduciary breach, ex-employee who cashed out of defined contribution plan has statutory, constitutional right to sue (9th Cir.), 997
See also specific states
American Recovery and Reinvestment Act (ARRA) Unemployment Insurance Modernization Act
See also specific states
Correctional workers
See FIREFIGHTERS
City convention manager exercising discretion, judgment is exempt administrative employee, Wage and Hour Op. Letter, 401; text, 405
Recreation exemption, town beach open less than 7 months in calendar year is recreational establishment, seasonal lifeguards exempt, Wage and Hour Op. Letter, 402; text, 406 Where training required to improve job performance, after-class study hours compensable, but employer may limit duration, Wage and Hour Op. Letter, 361; text, 374
See also specific states
Immigration-related, 150 states bills introduced in first quarter, 2009, report, 616 Independent contractor status, reclassification as employees, attorney advises on ten more consequences for employers, 1143 Labor legislation, fewer state laws enacted in 2008, DOL reports, as fewer legislatures convened, summary, 236 Same-sex marriage, state law developments, attorneys discuss benefits impact, tax status consequences, other pitfalls, 612
Ergonomics, violence hazards will be cited using general duty clause, OSHA official tells Nurses Congress, 640
Local 1000, picketing without 10-day advance notice was ULP, but firing clinic workers for participating in picket line unlawful (2d Cir.), 875 Long Island Head Start Child Dev. Servs., management rights, automatic renewal (NLRB), 1393 Union dues, Md. state workers can negotiate for mandatory nonmember service fees under newly enacted law, 686
Passport information now incorporated into E-Verify program, USCIS summarizes, 330
ERISA
Oil company workers hired through staffing agencies common law employees eligible for retirement benefits, claim revived as timely (S.D.N.Y.), 285
S.C., 3-year window applies to §501(c) suit for statutory penalties, claim revived (4th Cir.), 118 Pay equity, Ill. filing options expanded, Ledbetter paycheck-based timing adopted, 1241 Pay equity, Md. Lilly Ledbetter Civil Rights Restoration Act enacted, parallels federal law, 558 Race bias
Class action participation tolls statute on individual Title VII claims, UPS retiree's pay and promotions claims revived (5th Cir.), 72
Testing, continuing violation rejected, firefighter applicants' EEOC charge untimely, judgment vacated (U.S., brief invited), 713; (U.S., rev grant), 1317 Res judicata, §1981 claim, Title VII dismissal precludes (3d Cir.), 1388 SOX
Ambiguity, delay in definitive notice of discharge renders engineer's claim timely despite 6-month lag (DOL ARB), 683
Bonus offer linked to confidentiality pledge was adverse action, executive's challenge late-filed, 90-day clock ran from time of offer (10th Cir.), 806 Notice of firing, not effective date, triggers 90-day filing window, HR director's complaint untimely (DOL ARB), 87 U.S. Supreme Court docket, 2009-2010 term, 1336 USERRA, complaint filed 13 years after refusal to hire subject to 4-year bar, 2008 elimination of deadline not retroactive (7th Cir.), 1194
AK Steel, ERISA, cash balance plan's failure to use whipsaw calculation was statutory violation, but $46M remedy based on civil enforcement provision upheld (U.S., rev den), 79
LTV Steel, pre-bankruptcy claims, petition for pension benefits, WARN Act debt not priority administrative expenses (6th Cir.), 229 New Process Steel, 2-member NLRB had valid NLRA §3(b) authority to issue rulings (7th Cir.), 633; firm asks Supreme Court to resolve split on 2-member authority (U.S., rev sought), 743; NLRB asks Court to uphold 2-member authority (U.S., brief filed), 1340 United States Steel, time spent donning, doffing not compensable under USW pact, but FLSA dispute over time spent walking to and from locker rooms goes to trial (W.D. Pa.), 965 U.S. Steel, overtime, walking to and from work stations, FLSA collective action (N.D. Ind.), 1414
Agency fees renewals, USW annual filing requirement no breach of fair representation duty (NLRB ALJ), 1134
Continental Tire N. Am., pact, pension agreement dictate that arbitration required in benefits dispute with union, provision survives expiration (4th Cir.), 839 Local 4-5025, grievance arbitration required where DuPont made unilateral changes to collectively bargained benefits (2d Cir.), 637 United States Steel, time spent donning, doffing not compensable under USW pact, but FLSA dispute over time spent walking to and from locker rooms goes to trial (W.D. Pa.), 965
Mass., nonvested options not wages under state law, forfeiture by Citigroup Capital Accumulation Plan lawful (Mass.), 193
Arch Wireless Operating, service provider violated by giving city transcripts of police sergeant's text messages, rehearing denied (9th Cir.), 152
Intentional unauthorized access of personal e-mail account barred, but proof of actual damages required to claim statutory damages (4th Cir.), 434 Privacy, MySpace postings (D.N.J.), 1356 Social media policies, monitoring of Facebook, MySpace sites, tips on avoiding liability, 1002 Town commissioner may sue mayor for accessing her personal e-mail, forwarding to his own account (N.D. Ill.), 1032
Secrecy, failure to reinstate, ULPs (U.S., rev den), 1404
Home health care strikers failed to notify or call in, reinstatement ruling remanded for NLRB to consider §8(g) conflict with plant rule doctrine (2d Cir.), 668
Pan American Grain, layoff of striking workers without offering union chance to bargain properly ruled ULP (1st Cir.), 323
LMRA §301, arbitrator's award of second-generation interest arbitration lacked employer consent, vacated (D. Mass.), 1168
Duty to bargain
Grocery stores, Los Angeles ordinance requiring retention of workers for 90 days after purchase preempted by Cal. code, NLRA (Cal. Ct. App.), 1094 Massey Energy, Mammoth Coal ULPs (NLRB), 1355 Meridian Mgt., subcontractor pact, arbitration (2d Cir.), 1391 Nursing home not a perfectly clear successor required to bargain over changes, NLRB ruling overturned (D.C. Cir.), 970
ADA
Airlines flight instructor with sleep apnea not qualified (rev den), 584
Driving not major life activity even in rural area, improper jury instruction triggers reversal, remand (rev den), 522
Evidence, mixed-motive jury instruction requires direct proof, executive's award reversed, new trial ordered (oral arg), 478; but-for causation required, motivating factor standard, burden-shifting to employer rejected (rev, rem), 829; text, 854
Mandatory arbitration, SEIU pact clause enforceable under NLRA, and ADEA allows (rvs, rem), 463; text, 486; adverse consequences, ruling could hurt unions, workers with bias claims, ABA told, 524 Mixed-motive, disparate treatment requires but-for causation, motivating factor standard, burden-shifting rejected, attorneys discuss impact of Gross on summary judgment analysis, other federal laws, Special Report, 1038 Arbitration ruling on CBA violation does not bar re-litigating issue in related ADA lawsuit, bargaining and bias rights distinguished (rev den), 293 Attorney-client privilege, waiver, appealability of discovery order (oral arg), 1347 Civil Rights Attorneys' Fees Awards Act, enhancement, lodestar amount properly increased by 75 percent for superior representation, results (rev grant), 519; (oral arg), 1381 Discovery, witness intimidation, whistleblower fired for refusing to recant illegal hiring allegations, motion to compel upheld (rev grant), 161 Docket overview, 2009-2010 term, 1336 Equal protection, reverse race bias, disparate impact, city firefighters' promotion test results twice scrapped because too few minorities passed (rev grant), 67; (oral arg), 565; discarding test results without strong basis in evidence that rejected minority candidates could prevail on disparate impact claim was reverse bias (rvs), 903; Ricci decision unlikely to change opinions on Sotomayor Supreme Court nomination, speakers comment, 920; text, 928; Sotomayor confirmation hearings, role in New Haven firefighters case attacked, defended, 1005; attorneys discuss impact of Ricci holding on employers planning promotions, RIFs, other large scale actions, Special Report, 1038 ERISA
Beneficiary disputes, barring waiver under valid QDRO, plan documents rule governs outcome, benefits properly paid to ex-wife (aff), 158; text, 173
Misrepresentation about long-term disability benefits not intentional, reliance claim rejected, fraud claim preempted (U.S., rev den), 605 Phantom account offset, refusal to allow repayment of prior distributions, remedy to pay more benefits to rehired workers upheld (brief sought), 334; solicitor general recommends no review (brief filed), 819; deference to plan administrator, judicial discretion issues set for Oct. review (rev grant), 923 Remedies, cash balance plan's failure to use whipsaw calculation was statutory violation, but $46M remedy based on civil enforcement provision upheld (rev den), 79 San Francisco fair share health care ordinance not preempted, bid for emergency stay to block pay-or-play law denied (U.S.), 481; large employer interest groups seek review of 9th Cir. no-preemption decision (amicus curiae brief filed), 999; city urges denial of review (opp brief filed), 1197; solicitor general view (brief invited), 1363 FELA, fear of developing cancer valid basis for damages only where shown to be genuine and serious, $5M award overturned due to improper jury instruction (rvs), 777; text, 789 First Amendment
Agency fees, reciprocal arrangement allowed Maine SEIU affiliate to charge nonmembers for national litigation costs funded by expense pooling (aff), 128
Political speech, Idaho ban on local government employees' political payroll deductions lawful (rvs), 273; text, 298
Off-the-clock work, 11th Amend. no bar to SEPTA bus driver's collective action against Pa. transit agency (rev den), 779
Overtime, retail, executive exemption (U.S., rev den), 1365
Airlines flight instructor with sleep apnea failed to show pretext, retaliation (rev den), 584
Retaliation verdict favoring employee fired 4 days after taking protected leave consistent with Act, upheld (rev den), 132 Identity theft, penalty enhancement, Mexican citizen who entered U.S. illegally and knowingly presented false papers to employer guilty of aggravated offense (oral arg), 290; aggravated offense requires knowledge that identification belonged to another, conviction overturned (rvs), 625; text, 649 Immigration, forced labor, federal statute lawfully applied to couple who kept undocumented worker as domestic servant for 19 years through deportation threats (rev den), 80 LMRA §302, neutrality/card check agreements, access during organizing (rev den), 191:B2 (10/6/09); 1364 LMRDA, fiduciary breach, implied right of action by union against former officer (rev den), 1403 Mandatory arbitration, statutory bias, collective bargaining, waivers, panelists discuss Pyett ruling and issues confronting negotiators, 1113 Merchant Marine Act, punitive damages allowed under general maritime law where maintenance and cure willfully or wantonly denied to injured seaman, Jones Act no bar (oral arg), 332; (aff), 867; text, 887 Negligence, toxic tort claim fails for resident advisor at state university, workers' compensation exclusive remedy (rev den), 358 NLRA
Preemption, meal and rest breaks, Ill. law (rev den), 1366
Secret strike replacements, failure to reinstate (rev den), 1404
Circuits split on authority of 2-member NLRB to issue rulings, New Process Steel asks Court to resolve (rev sought), 743; NLRB asks Court to uphold 2-member authority (brief filed), 1340
Fla. nursing home seeks resolution of circuit split on 2-member authority (rev sought), 1293 Ga. hospital wins NLRA §3(b) challenge, circuits split, NLRB asks Court to uphold authority of 2-member board to issue rulings (rev sought), 1340 Review sought on 2-member panel's §3(b) authority to issue rulings (rev sought), 1193 Privacy
DPPA, UNITE HERE unlawfully accessed motor vehicle records to obtain Cintas workers' home addresses for organizing drive (rev den), 431
Privacy Act, VA physician lawfully disclosed claimant's HIV status, marijuana use to union representative, personal knowledge key factor (rev den), 129
Arbitrator's reinstatement of Neb. state trooper fired for joining Ku Klux Klan offends public policy against race bias, vacated (rev den), 886
Testing, continuing violation rejected, firefighter applicants' EEOC charge untimely, judgment vacated (brief invited), 713; (rev grant), 1317 RLA, due process violated when arbitration panel dismissed grievances for lack of union evidence on conferencing (rev grant), 291; (oral arg), 1401 Sex bias, retaliation complaint no shield against corrections officer's discipline for prior insubordination, claim fails (rev den), 131 Sexual harassment
Female deputy sheriff who declined post failed to show promotions bias, constructive discharge (rev den), 81
Retaliation, scope, 3d party disclosure during HR probe protected opposition activity under Title VII, firing claim revived (rvs), 139; text, 169; remand, jury trial (M.D. Tenn.), 1415 Title VII
Choice of remedies grievance arbitration, administrative, or judicial (rev den), 1367
Mixed motive, summary judgment analysis, claimant need only show that race, color, sex, religion, or national origin was a motivating factor for adverse action (rev den), 714 UMTA does not preempt Dallas Area Rapid Transit (DART)'s governmental immunity from union's state law breach of contract suit to enforce grievance settlement (rev den), 818 USERRA
Jurisdiction defined by statute, retaliatory discharge suit against state entity within purview of state court, not federal, sovereign immunity not at issue (rev den), 520
Suspicion of wrongdoing, city of Nashville unlawfully delayed reinstatement of police officer honorably discharged from military, reasons for discharge immaterial to rights (rev den), 520
DOL ARB decisions, briefly, 87; 204; 365; 556; 781; 1009; 1119; 1273; 1370
Gainey Transp. Servs., driver's heat complaint protected, but firing for insubordination lawful (DOL ARB), 555 Midwest Transp., STAA protected driver's hours complaint, but firing for failure to report lawful (DOL ARB), 1273 UPS driver fired for spending excessive time on pre-trip vehicle inspections has no whistleblower claim (4th Cir.), 1171
See H1N1 VIRUS
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