From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
By Laura D. Francis
Oct. 2 — Caterpillar Inc. must allow a United Steelworkers investigator into a Wisconsin facility to examine the site of a fatal workplace accident, the U.S. Court of Appeals for the Seventh Circuit held Oct. 2, affirming a National Labor Relations Board order (Caterpillar Inc. v. NLRB, 7th Cir., No. 14-3528, 10/2/15).
The union's right to represent its employees vastly outweighs Caterpillar's interest in protecting its property rights, the appeals court said. Caterpillar's attorney acknowledged that allowing the investigator to conduct an on-site investigation would cause “no actual harm” to the company, the court said, whereas the investigator could uncover the yet-unknown cause of the accident, leading to changes that would reduce the chances of a future accident.
“We can't exclude the possibility that the company's unexplained, unjustified refusal of access to [USW investigator Sharon] Thompson was intended not only to prevent the union from investigating safety issues and perhaps discovering negligence by Caterpillar but also to demonstrate to its employees that the union can do nothing to enhance their safety,” Judge Richard A. Posner wrote for the court. “The union's duty to attend to the safety of the employees whom it represents entitles it to insist on performing its own investigation of safety issues, rather than relying entirely on data given it by the company.”
Judge David F. Hamilton joined the majority opinion.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)