Workplace Law Report Index-Summary

UAW

UFCW

See FOOD AND COMMERCIAL WORKERS (UFCW)

UNDOCUMENTED WORKERS

– Background checks, workplace violence policies, litigation, liability discussed at ABA forum, 1290
– Day laborers

– D.R. Horton, UBC, union contractor sue home builder, subcontractors for illegal hiring, misclassification to depress wages (N.J. Sup. Ct.), 442
– Federal enforcement, ICE

See IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

– Marriage to U.S. citizen, petition for adjustment of status properly denied for submitting fraudulent I-9 form (8th Cir.), 412
– Meat plant workers “employees” under NLRA despite IRCA violations, bargaining order upheld (D.C. Cir.), 48
– No-match discrepancies not constructive notice of unauthorized status, reinstatement upheld for fired janitors (9th Cir.), 850
– Penalties, enforcement onus shifts to employers as immigration, labor, criminal laws collide, attorneys critique methods, 1258
– Penalty enhancement, Mexican citizen who entered U.S. illegally and knowingly presented false papers to employer guilty of aggravated identity theft (U.S., rev grant), 1411
– Poultry processing, RICO class claims dismissed, no evidence that illegal hiring depressed wages (E.D. Tenn.), 253
– RICO, illegal hiring under INA, county fails to show property interest in related health care, law enforcement expenditures, lacks standing to sue (9th Cir.), 440; (U.S., rev den), 1412
– Secure America Through Verification and Enforcement (SAVE) Act

See LEGISLATION, FEDERAL, HR 4088

– State and local laws

– – Arizona, business groups' bid for TRO on hiring sanctions bill mandating use of E-Verify denied (D. Ariz.), bid for emergency stay rejected (9th Cir.), 28; governor calls for changes to correct defects in hiring sanctions bill, In Brief, 101; contractors challenge bill, enforcement postponed until March pending ruling (D. Ariz.), 164; constitutional challenge rejected, law upheld (D. Ariz.), 219; coalition bid to halt implementation rejected (D. Ariz.), 351; clarified hiring sanctions enacted, 641
– – Cal., prevailing wages, IRCA no bar to suit for failure to pay on public works jobs already performed (U.S., rev den), 264
– – Miss. governor signs bill mandating use of E-Verify, but expresses concerns, 420
– – Okla., enforcement of E-Verify provision blocked, preemption “substantially likely” (W.D. Okla.), 763
– – S.C., mandatory employee verification bill enacted, 814
– – Tennessee

– – – Ban on pay for illegal workers most likely unconstitutional, conflicts with FLSA, AG says, 581
– – – Public employee complainant identity bill sent to governor, English-only bill defeated, 581; complainant identity bill enacted, In Brief, 643

– – Texas, El Paso County approves resolution calling for moratorium on workplace raids, 702
– – Utah, employment verification mandate for public employers, contractors enacted, 420

– 10K Run for the Border Act

See LEGISLATION, FEDERAL, HR 5706

UNEMPLOYMENT INSURANCE

– Benefits extension

– – Emergency Extended Unemployment Compensation Act

See LEGISLATION, FEDERAL, HR 5749

– – Emergency Unemployment Compensation Extension Act

See LEGISLATION, FEDERAL, S 2544

– – Job Creation and Unemployment Relief Act

See LEGISLATION, FEDERAL, HR 7110

– – Unemployment Compensation Extension Act

See LEGISLATION, FEDERAL, HR 6867

– DOL OIG's semiannual report to Congress, overview, 808
– ERISA, termination for misreporting pay to state UI agency lawful, no pretext shown (W.D. Mich.), 1315
– Machinist fired for napping during meal period properly denied UI benefits (Pa. Commw. Ct.), 961
– Mass. tax rates frozen at 2007 level with repeal of scheduled hike, In Brief, 302
– Military Construction and Veterans Affairs Appropriations Act

See LEGISLATION, FEDERAL, HR 2642

– Multistate wage claims, ETA issues final rule to prevent forum shopping, 1444
– Wash., benefits properly denied under employer-initiated layoff exceptions to statute, RIFd managers left voluntarily, without good cause (Wash.), 1437

UNFAIR LABOR PRACTICES (ULPs)

– Anti-union animus

– – Bargaining order enforced against foods firm that ignored union throughout certification year, then tried to decertify (11th Cir.), 603
– – Firing of pro-union workers was ULP, NLRB properly held owner personally liable for back pay (8th Cir.), 802
– – Job assignments, unilateral changes, good faith violations, interim injunction upheld (7th Cir.), 1374
– – Real estate buyer unlawfully refused to hire IUOE engineers, NLRB upheld (D.C. Cir.), 214
– – §10(j) injunction proceedings

– – – 1st Amend., risk of infringing right to editorial discretion triggers denial of relief (C.D. Cal.), 776
– – – NLRB authority to initiate, prosecute lawfully delegated to deputy general counsel (S.D.W.Va.), 566

– – UMW, interim hiring order issued pending ULP ruling, but no bargaining order (S.D.W.Va.), 1221

– Apprentices, NLRB ordered to reconsider ruling that joint apprenticeship committee acted as agent of IBEW (6th Cir.), 187
– Bargaining duty, one-time stock gift to UNITE HERE workers not mandatory subject (2d Cir.), 1375
– Coercion, HR managers' interruption of organizers seeking card check authorizations in employee dining room not improper surveillance of union activity (9th Cir.), 154
– Employment agreements, confidentiality clause prohibiting disclosure of terms violated NLRA (NLRB), 965
– Fair representation breach, IBT outside organizing costs not shown to be chargeable to nonmembers under Beck (D.C. Cir.), 565
– First-contract charges, NLRB “very preliminary” statistics show numbers, merit rates reduced, Meisburg reports, 700
– Fraudulent rehiring, UFCW locals entitled to some data on actions during 2003-2004 grocery lockout, but hiring audit privileged work product (NLRB), 294
– Interference

– – Gissel bargaining order adopted to remedy cable installer's numerous violations during IBEW organizing (NLRB), 1337
– – Hospital ban on nurses wearing union Safe Staffing buttons in patient areas was ULP, reversed, remanded to NLRB (9th Cir.), 691
– – Picketing, NLRA protects non-employee union members' rally on casino-owned sidewalk (U.S., rev den), 415

– Letter-writing campaign to protect job conditions protected activity, bus company's refusal to hire school bus drivers unlawful (1st Cir.), 500
– Lockouts, one-month reinstatement period reasonable after 14-year lockout (9th Cir.), 1189
– Mitigation, back pay claimants have burden to prove reasonable efforts to find work, NLRB issues guideline memo, 1339
– Political activities

– – NLRB to issue case handling guidance, Meisburg reviews 2-part analysis, 304
– – Political advocacy, NLRA protection, NLRB issues guidelines defining qualified activities, 1030

– Protected activities

– – No actual malice in drivers' letters falsely accusing managers of requiring underreporting driving time, firing was ULP (6th Cir.), 118
– – Publisher's ban on non-job-related e-mail solicitations lawful under NLRA (NLRB), 17; NLRB rulings get opposing reviews from management, union speakers, Columbia University, Guard decisions analyzed, 303; law professors predict reversal of Guard ruling, 638; Meisburg reports on solicitation cases decided since Register-Guard, 692
– – Solicitation/distribution rule improperly applied to hospital break room, nurses station was ULP (7th Cir.), 376

– Salting, burden of proof under new NLRB standards, guideline memos issued on Toering, Oil Capitol changes, 255
– Secondary boycotts

– – Content-based restrictions, mall ban on union picketing, handbilling violates Cal. constitution, NLRA (9th Cir.), 1188
– – Handbilling ban unlawful, mall is public forum, content-based speech prohibitions improper (Cal.), 15; NLRB ruling enforced (D.C. Cir.), 664; (U.S., rev den), 1349
– – Mall owner lawfully denied UBC right to distribute literature to general public criticizing tenant's use of nonunion labor, content, context unprotected (2d Cir.), 1031
– – §8(e), nonunion steel erectors' challenge to IW job targeting fund revived (1st. Cir.), 1089

– Seniority, agreement to endtail rather than dovetail status of non-member sales rep when units merged was ULP (NLRB), 1312
– Separation pact waiving member's rights under CBA without union knowledge was ULP, disclosure ordered (NLRB), 720
– Strike replacements “permanent” despite at-will clause, failure to reinstate economic strikers no ULP (7th Cir.), 1249
– Subjects for bargaining, benefits for future retirees may not be modified without giving union opportunity to bargain (D.C. Cir.), 631
– Unilateral actions, management rights, transportation “relay point” lawfully moved without bargaining following impasse, during strike (D.C. Cir.), 188
– Withdrawal of recognition

– – Action the day after pact expired was ULP where UFCW produced evidence of support before expiration (D.C. Cir.), 533
– – Lawful, employees' statements, letter objective proof of majority-backed ouster (4th Cir.), 1056
– – NLRA violations occurred after union had lost majority support, no unlawful influence, injunction denied (E.D. Va.), 1058
– – Nursing home illegally withdrew without majority support, ordered to recognize, bargain (4th Cir.), 377

UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

– “Costs,” filing fees need not be prepaid for claimant to file bias suit, firing claim reinstated (7th Cir.), 596
– Differential pay denial was willful violation, reservist's $83K award upheld (6th Cir.), 365
– Equivalent positions, hospital administrator failed to show bias in pay raise or new job status (E.D.N.Y.), 429
– Federal claims administration, files head to DOL as OSC's authority to accept claims lapses, 90
– Harassment, Ala. National Guard member fired from auto plant may sue for bias but not termination (M.D. Ala.), 717
– Improving SCRA and USERRA Protections Act

See LEGISLATION, FEDERAL, HR 6225

– Jurisdiction, federal courts cannot hear claims brought by individuals against state employers, supervisors (5th Cir.), 1213
– Loopholes, need for changes debated before House panel, 222
– Scheduling, equal, not preferential, treatment required, policy allowing reservists to make up missed time on days off lawfully rescinded (S.D. Ill.), 765
– Servicemembers Access to Justice Act

See LEGISLATION, FEDERAL, S 3432

– Suspicion of dishonesty, police fitness for duty procedures no defense for delaying re-employment (6th Cir.), 1151
– Vacation and sick leave benefits unlawfully restricted for pilots on military leave, air carrier settles DOJ class suit (N.D. Texas), 560
– Veterans' Benefits Improvement Act

See LEGISLATION, FEDERAL, S 3023

UNIFORMS

– Dark, nonslip shoes requirement for restaurant workers not a “uniform” under FLSA, buying program wage deduction lawful, Wage and Hour Op. Letter, 1064; text, 1073

UNION DUES

See DUES, UNION

UNION INTERNAL ELECTIONS

– Campaign Web sites, IUOE rule requiring locals to maintain passwords lawful to block nonmember access (D.D.C.), 1434

UNIONS

– LMRDA Form T-1, annual financial reports for union trusts, OLMS issues final rule, overview, 347; OLMS issues final rule, overview, 1319

UNITE HERE

– Cintas, DPPA, union unlawfully accessed motor vehicle records to obtain workers' home addresses for organizing drive (3d Cir.), 1223
– Goya Foods of Fla., ULPs, bargaining order enforced against firm that ignored union throughout certification year, then tried to decertify (11th Cir.), 603
– Miss. Riverboat Council, assignment of obligations, neutrality/card-check pact not binding on successor owner of casino which had closed operations (5th Cir.), 936
– North American Pipe, one-time stock gift to union workers not mandatory subject for bargaining (2d Cir.), 1375
– Picketing, NLRA bars interference with non-employee union members' rally on casino-owned sidewalk (U.S., rev den), 415

USCIS

See CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)

USDA

See AGRICULTURE DEPARTMENT (USDA)

USERRA

See UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

UTAH

– Government workers shift to mandatory ten-hour, four-day workweek to save energy, 1041
– Immigration, employment verification mandate for public employers, contractors enacted, 420
– State actions summary, 29; 229; 384; 644; 703; 1011; 1200

UTILITIES

– ADB Util. Contractors, Gissel bargaining order adopted to remedy cable installer's numerous ULPs during IBEW organizing (NLRB), 1337
– Consolidated Edison, Portal-to-Portal Act, nuclear power plant workers not entitled to pay for time spent going through security or putting on gear (U.S., rev den), 811
– Excel Energy Cabin Creek hydroelectric plant, OSHA proposes $1M in fines for violations leading to fatal tunnel fire, 444
– Exelon, on-call time, linemen required under ARCOS system to be within 2-hour drive and reachable by phone or beeper not working, FLSA class claims properly dismissed (7th Cir.), 493
– Ind. Mich. Power, nuclear test engineer fired after questioning excessive hours, NRC rules breach protected whistleblower under ERA (6th Cir.), 722
– Knolls Atomic Power Lab., ADEA, reasonable factors other than age (RFOA) exception is affirmative defense, employee has burden to disprove (U.S., rev grant), 133; government, RIFd workers urge reversal (oral arg), 557; employer bears both burden of production and burden of persuasion (vac, rem), 829; text, 863
– PacifiCorp, ADA, association bias claim revived for married couple fired for alleged time card fraud during son's cancer treatments (10th Cir.), 661
– Progress Energy, FMLA, past violations, bar on private settlement, waiver of claims applies both retroactively and prospectively, brief invited on DOL rule (U.S., brief sought), 92; review discouraged where DOL rule amendments will resolve (U.S., brief filed), 734; (U.S., rev den), 856
– Public Serv. Elec. & Gas (PSE&G), ERISA, misclassification to avoid paying benefits, independent contractors' fiduciary breach claim time-barred (3d Cir.), 504
– S. Cal. Gas (SCGC), cash balance pension plan, ERISA, ADEA, Cal. age bias claims rejected, disparity due to time value of money, ADEA claim also rejected (9th Cir.), 1192
– Southern Nuclear Operating, ULPs, benefits for future retirees may not be modified without giving union opportunity to bargain (D.C. Cir.), 631
– TXU, race bias, diversity goal may be circumstantial proof, §1981 claim revived for white applicant rejected in favor of less qualified black candidate (5th Cir.), 497
– Wisconsin Energy, settlement terms required minimal job references, disclosure of bias suit possible breach, suit revived (7th Cir.), 1003

UTU

See TRANSPORTATION UNION (UTU)