Workplace Law Report Index-Summary

UBC

See CARPENTERS (UBC)

UFCW

See FOOD AND COMMERCIAL WORKERS (UFCW)

UFW

See FARM WORKERS (UFW)

ULPs

See UNFAIR LABOR PRACTICES (ULPs)

UMTA

See URBAN MASS TRANSPORTATION ACT (UMTA)

UNDOCUMENTED WORKERS

– Agricultural Job Opportunities and Benefits (AgJOBS) Act

See LEGISLATION, FEDERAL, HR 2414, S 1038

– Identity theft, penalty enhancement, Mexican citizen who entered U.S. illegally and knowingly presented false papers to employer guilty of aggravated offense (U.S., oral arg), 290; aggravated offense requires knowledge that identification belonged to another, conviction overturned (U.S., rvs), 625; text, 649
– Illegal Immigration Enforcement and Social Security Protection Act

See LEGISLATION, FEDERAL, HR 98

– Intentional hire of illegal workers to drive down wages of legal workers, RICO class certified (E.D. Cal.), 749
– Overtime, kitchen worker's claim he used fake identity for extra hours not credible, claim rejected (S.D. Texas), 253
– Social security fraud

– – Restaurant owner sentenced to prison for hiring, harboring, aiding fake documentation (E.D. Mo.), 119
– – Social Security Number Fraud and Identity Theft Prevention Act

See LEGISLATION, FEDERAL, HR 2472

– State and local laws

– – Legal Arizona Workers Act lawfully mandates E-Verify use, coalition bid for rehearing denied (9th Cir.), In Brief, 394
– – Mo., hiring penalties, state law prohibits fines, but ordinance mandating loss of business permit, city contract or grant lawful (8th Cir.), 811
– – Summary, 150 immigration-related bills introduced in first quarter, 2009, report, 616
– – Summary, state labor legislation, 2008, DOL reports, 236
– – Tenn., penalty enacted for use, manufacture, or transfer of false identity, In Brief, 687

– ULPs, roofing supply firm must pay damages under NLRB settlement order but reinstatement not required with proper proof of unauthorized status (9th Cir.), 912
– Witness intimidation, carpenter fired for refusing to recant illegal hiring allegations, motion to compel discovery upheld (U.S., rev grant), 161

UNEMPLOYMENT INSURANCE

– After-acquired evidence of disloyalty does not excuse failure to file timely appeal on benefits (Pa. Commw. Ct.), 1054
– American Recovery and Reinvestment Act (ARRA)

See LEGISLATION, FEDERAL, HR 1

– Assistance for Unemployed Workers Extension Act

See LEGISLATION, FEDERAL, S 1647

– DOL extends eligibility in 5 states based on high jobless rates, 1141
– Emergency Unemployment Compensation Extension Act

See LEGISLATION, FEDERAL, HR 3404; LEGISLATION, FEDERAL, HR 3404, HR 3548, S 1699

– Multi-state combined-wage claims, ETA guidance letter explains new rule, 203
– Pa., ineligible, benefits reversed for sexual harassment claimant who unreasonably quit job after disciplinary action imposed (Pa. Commw. Ct.), 1297
– State laws

– – Cal., benefits extended by 20 weeks, In Brief, 617
– – Colo., UI benefits for locked-out workers, bill heads to governor, 687
– – Del., threatening, screaming at boss merited firing without warning, just cause firing precludes benefits (Del. Super. Ct.), 1223
– – District of Columbia, benefits extended by 20 weeks, In Brief, 617
– – First quarter, 2009, 150 immigration-related bills introduced, report, 616
– – Iowa, Hooters waitress battered in off-duty domestic violence incident entitled to benefits (Iowa Workforce Dev.), 41
– – Mich. benefits extension enacted, 558
– – N.C., coverage expanded, In Brief, 1043
– – Ore., governor signs bill expanding eligibility, In Brief, 616

– Unemployment Insurance Modernization Act

See LEGISLATION, FEDERAL, HR 290

– Unemployment Supplemental Assistance Act

See LEGISLATION, FEDERAL, HR 291

UNEMPLOYMENT RATES

– American Recovery and Reinvestment Act (ARRA)

See LEGISLATION, FEDERAL, HR 1

– DOL extends UI benefit period in 5 states, 1141

UNFAIR LABOR PRACTICES (ULPs)

– ADR, NLRB makes pilot program for ULP cases permanent, 474
– Anti-union animus, back pay, union challenge to NLRB assigning burden of proof to rejected union salt dismissed, unripe (D.C. Cir.), 512
– Coercion, PPF threat to rescind market recovery grant involves ULP, NLRB has exclusive jurisdiction over dispute (Minn.), 1170
– Concerted refusal to work, 10-days' notice required for overtime refusal by hospital workers, UHW faulted (9th Cir.), 1092
– Duty to bargain

– – Absence of vote preceding merger of IATSE locals no basis for withdrawal of recognition, bargaining order upheld (D.C. Cir.), 47
– – Decertification petition tainted by unlawful employer assistance, order to recognize, bargain justified (NLRB), 197
– – FedEx Home drivers independent contractors not covered by NLRA, refusal to bargain with IBT lawful, NLRB reversed (D.C. Cir.), 576
– – Fremont-Rideout Health Group, withdrawal of recognition from CNA based on minority petition was ULP, ordered to recognize, bargain (NLRB), 1227
– – Layoff of striking workers without offering union chance to bargain properly ruled ULP (1st Cir.), 323
– – Majority status presumed, first bargaining session starts clock, withdrawal of recognition during certification year was ULP (9th Cir.), 322
– – Newspaper that agreed to dues checkoff after pact expiration cannot unilaterally reverse decision without bargaining (D.C. Cir.), 602
– – Nursing home not a “perfectly clear” successor required to bargain over changes, NLRB ruling overturned (D.C. Cir.), 970
– – Post-merger decision to move IBEW bargaining unit into larger CWA unit was NLRA-exempt “core business decision” (9th Cir.), 603
– – Successor employer cannot install new union, ordered to recognize, bargain with predecessor (D.C. Cir.), 115
– – Successor employer, Massey Energy, UMWA (NLRB), 1355
– – Successor employer ordered to recognize IBT, hire former employees, rescind unilateral changes (D. Conn.), 150
– – Unilateral action, oral pact to extend contract authorized firm to exercise management rights, alter discipline policy, NLRB upheld (7th Cir.), 995

– Hot cargo pacts, loss of delivery work caused by supplier, not distributor, IBT grievance was ULP (2d Cir.), 1132
– Interference, Starbucks, restrictions, coercion, firing of pro-union workers during IWW organizing unlawful (NLRB ALJ), 16
– Protected activities

– – AFSCME picketing without 10-day advance notice was ULP, but firing clinic workers for participating in picket line unlawful (2d Cir.), 875
– – Barring garage access, announcing shared governance were ULPs, new NYSNA election ordered for RNs (NLRB), 804
– – Deposition query about union views unlawful, as were button ban, overbroad solicitation and distribution policy (NLRB), 45
– – Granite Rock, IBT International not party to pact, interference charge rejected, but dispute with local must be arbitrated (U.S., rev grant), 921
– – Grievance-processing duties, IBT steward's statements made in presence of other employees unlawful restraint, coercion (NLRB), 1060
– – 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
– – Nursing home supervisor's interrogation, threats, firing of pro-union workers likely ULPs, ordered to recognize, bargain with SEIU (N.D. Ill.), 703
– – Profane pressman forfeited NLRA protection through verbal attack on newspaper executive, NLRB overruled (4th Cir.), 423
– – Publisher's no-solicitation ban discriminatorily applied to e-mails, discipline was ULP (D.C. Cir.), 959
– – Ready-mix concrete firm's retaliation against pro-union workers, unilateral changes, failure to bargain in good faith for first contract ruled ULPs (NLRB), 545
– – Roofing supply firm must pay damages under NLRB settlement order but reinstatement not required with proper proof of unauthorized status (9th Cir.), 912
– – Videotaping, threats, nursing home violations “particularly flagrant,” bargaining order, reinstatement order for SEIU strikers upheld (2d Cir.), 744
– – Walkout to attend bargaining no-strike violation, not protected mutual aid related to labor dispute, NLRB ruling overturned (D.C. Cir.), 196

– Secondary boycott, UBC slammed with $1.7M verdict for threats, coercion to prevent 3d parties from dealing with subcontractor (N.D. Ga.), 258
– Secret strike replacements, failure to reinstate (U.S., rev den), 1404
– State labor legislation, 2008, DOL reports, 236
– Unilateral changes, management rights, automatic renewal (NLRB), 1393

UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

– Cat's paw liability, claimant's judgment reversed, submission to jury without proof of biased individual's singular influence on decisionmaker was error (7th Cir.), 425
– Jurisdiction defined by statute, retaliatory discharge suit against state entity within purview of state court, not federal, sovereign immunity not at issue (U.S., rev den), 520
– Liquidated damages, right to jury trial (E.D. Tenn.), 1384
– Norfolk Southern Rwy., conductor fired for National Guard service, liability upheld, but damages miscalculated, remanded (6th Cir.), 962
– Pension forfeitures, plan terminations, PBGC proposed rule would protect benefits in trusteed plans, 1066
– Preferential scheduling policy for police officers with part-time military obligations lawfully rescinded (7th Cir.), 763
– Rehab-Care Group East, subcontractor not a successor in interest to former subcontractor/employer, no duty to hire therapist (S.D. Iowa), 39
– Retaliation, poor performance, resume fraud basis for firing from temporary job, rejection for permanent position, military service not motivating factor (7th Cir.), 627
– Statute of limitations, complaint filed 13 years after refusal to hire subject to 4-year bar, 2008 elimination of deadline not retroactive (7th Cir.), 1194
– Suspicion of wrongdoing, city of Nashville unlawfully delayed reinstatement of police officer honorably discharged from military, reasons for discharge immaterial to rights (U.S., rev den), 520
– Veterans Employment Rights Realignment Act

See LEGISLATION, FEDERAL, HR 1089

– Wounded Veteran Job Security Act

See LEGISLATION, FEDERAL, HR 466

UNION INTERNAL ELECTIONS

– IUOE, password protection rule for campaign Web sites lawful despite restrictions on member access (D.C. Cir.), 876

UNION SECURITY

– Religious bias, objector to UAW dues, fees failed to show adverse action, accommodation violation (6th Cir.), 667

UNIONS

– Federal contractors, workers' rights, Obama issues 3 labor-friendly executive orders, summary, 187; notification of rights under federal laws, text, 206; nondisplacement of workers under service contracts, text, 208; economy in contracting, text, 210
– Freedom From Union Violence Act

See LEGISLATION, FEDERAL, HR 2537

UNITE HERE

– Cintas

– – DPPA, union unlawfully accessed motor vehicle records to obtain workers' home addresses for organizing drive (U.S., rev den), 431
– – Fatal laundry accident, House Democrats, union protest $2.76M settlement of six OSHA cases (OSHRC), 19

– Cintas, DPPA, “tagging,” lack of notice bars punitive damages, but statutory liquidated damages upheld (E.D. Pa.), 1172
– General president Raynor alleges takeover attempt by Wilhelm, seeks to halt former HERE official's actions (E.D.N.Y.), 198
– Milwaukee City Center, accretion, improper standard applied, franchise workers unlawfully joined to existing hotel workers bargaining unit (NLRB), 1292
– Overtime work, fair distribution, retaliation (W.D.N.Y.), 1418

UNIVERSITIES

See EDUCATIONAL INSTITUTIONS

URBAN MASS TRANSPORTATION ACT (UMTA)

– Preemption rejected, Dallas Area Rapid Transit (DART) enjoys governmental immunity from union's state law breach of contract suit to enforce grievance settlement (U.S., rev den), 818

USCIS

See CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)

USERRA

See UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

USW

See STEELWORKERS (USW)

UTAH

– First Amend., Voluntary Contributions Act, state may lawfully prohibit local government employees' political payroll deductions, prior holding vacated (10th Cir.), 604
– Labor legislation, 2008, DOL reports, 236
– State actions summary, 89; 529; 586; 783; 1149; 1371

UTILITIES

– District of Columbia Water and Sewer Auth. (WASA), ADA, damages properly denied, claimant not disabled under pre-ADAAA standards, and ADAAA not retroactive (D.C. Cir.), 1055
– Exelon, ERISA, whipsaw calculation properly omitted, cash balance plan lawfully defines “normal retirement age” by years of vested service rather than specific age (7th Cir.), 972
– Niagara Mohawk Power, coordinating retiree health benefits with Medicare no ADEA violation (N.D.N.Y.), 580
– Pub. Serv. Co. of Colo. d/b/a Xcel Energy, sex bias, interview questions lawfully gauged to identify preselected competencies, no pretext shown (10th Cir.), 595
– RGS Energy Group, SOX, notice of firing, not effective date, triggers 90-day filing window, HR director's complaint untimely (DOL ARB), 87
– Salt River Project Agric. Improvement & Power Distr., ADA, accommodation claim revived for diabetic metallurgist assigned to out-of-town project (9th Cir.), 247