News & Analysis as of

Jurisdiction Unions

Proskauer - Labor Relations Update

D.C. Circuit Strikes Down Board’s Mail Election Ruling for Lack of Justification

On July 9, 2024, D.C. Circuit Court of Appeals remanded a National Labor Relations Board (“Board”) decision for further clarification. In GHG Management LLC v. NLRB, Case No. 22-1312 (D.C. Cir. July 9, 2024), the D.C. Circuit...more

Littler

Ontario, Canada’s Divisional Court Confirms Unionized Workplaces May Pursue Human Rights Claims Before Labour Arbitrator or Human...

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In London District Catholic School Board v. Weilgosh, 2024 CanLII 20606 (ON SCDC), the Ontario Superior Court of Justice, Divisional Court (Divisional Court) rejected an employer’s argument that the Human Rights Tribunal of...more

Pillsbury Winthrop Shaw Pittman LLP

NLRB Shoots Its Shot: Dartmouth Basketball Players Deemed Employees, Allowed to Hold Union Election

Region 1 of the National Labor Relations Board (NLRB) found that student-athletes on the Dartmouth College men’s basketball team are “employees” within the meaning of the National Labor Relations Act (NLRA) and directed a...more

Blake, Cassels & Graydon LLP

Ontario : Compétence concurrente à l’égard des plaintes en matière de droits de la personne dans des milieux syndiqués

En octobre 2022, le Tribunal des droits de la personne de l’Ontario (le « Tribunal ») a rendu une décision provisoire dans l’affaire Weilgosh v. London District Catholic School Board (l’« affaire Weilgosh »). Le Tribunal...more

Blake, Cassels & Graydon LLP

Unionized Employees Can Bring Human Rights Claims to Ontario Human Rights Tribunal or Labour Arbitrators

In October 2022, the Ontario Human Rights Tribunal (Tribunal) released its interim decision in Weilgosh v. London District Catholic School Board. The Tribunal held that it has concurrent jurisdiction with labour arbitrators...more

Goldberg Segalla

Investigating Jurisdiction Defenses in Medical Provider Claims Concerning Construction Workers in New Jersey

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Key Takeaways - New Jersey can exercise jurisdiction over a medical provider claim if they can exercise jurisdiction over the underlying claim. The New Jersey Appellate Division set forth six factors to determine...more

Littler

Ontario, Canada Human Rights Tribunal Finds it Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims...

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The Human Rights Tribunal of Ontario recently held a preliminary hearing to determine whether allegations made under the Human Rights Code (Code) fell within the exclusive jurisdiction of a labour arbitrator, or whether the...more

DirectEmployers Association

OFCCP Week In Review: April 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Credit Reports and Public Unions

This week, the Ninth Circuit addresses the standards for liability under the Fair Credit Reporting Act and rebuffs a pre-enforcement First Amendment challenge to a state law concerning public unions. GABRIEL MORAN V. THE...more

Stikeman Elliott LLP

Time Out: British Columbia Arbitrator Dismisses Untimely Grievance

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In TC, Local 213 and Wolseley Canada Inc (“Wolseley”), the arbitrator enforced a collective agreement’s time limit clause to dismiss an untimely grievance. This decision is a rare example of an employer successfully enforcing...more

Littler

Ontario, Canada Court Confirms Unions Must Challenge Mandatory Vaccination Policies Before Labour Arbitrators Rather than Courts

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On November 19, 2021, in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONSC 7658 (TTC/Sinai Decision), the Ontario Superior Court...more

Bennett Jones LLP

Supreme Court Confirms Labour Arbitrators Have Exclusive Jurisdiction Over Human Rights Complaints in Unionized Workplaces

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The Supreme Court of Canada recently confirmed that, subject to express legislative intent to the contrary, where labour legislation provides for the final settlement of disputes arising from a collective agreement, the...more

Littler

Ontario, Canada Court Finds Limitation Period Not Extended When Employee Remains with Employer to Mitigate Damages Following...

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In Scott v. Community Living Temiskaming South, 2021 ONSC 5402 (Community Living), the court dismissed an employee’s claim for wrongful dismissal from his unionized position on the ground that it lacked jurisdiction to hear...more

Jackson Lewis P.C.

Successor Liability Claims Found Insufficient To Establish Federal Question Jurisdiction

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As a general rule, an asset purchaser does not assume the seller’s liabilities, including its ERISA obligations. Courts, however, have formulated an exception to this general rule via the doctrine of successor liability. ...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Carlton Fields

Eighth Circuit Affirms Ruling That NLRB Retains Jurisdiction to Review Arbitration Decision on NRLA Charge, Not Court

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An arbitrator resolved a dispute between the parties in favor of the union, deciding that Exide Technologies had violated the collective bargaining agreement and the National Labor Relations Act (NLRA) by unilaterally...more

Cozen O'Connor

NLRB Severely Limits Jurisdiction Over Religious Schools

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On June 10, 2020, a three-member panel of the National Labor Relations Board issued a decision limiting its own jurisdiction over the faculty of self-identified religious educational institutions. ...more

Steptoe & Johnson PLLC

NLRB Refuses to Meddle In Religious Institutions' Affairs

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The National Labor Relations Board (“NLRB”) determined last week that it has no jurisdiction over faculty members at religious institutions of higher education in Bethany College, 369 NLRB No. 98. The decision overrules a...more

Littler

NLRB Reverses Course, Holds it has no Jurisdiction over Faculty at Religious Institutions of Higher Education

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In a decision released on June 10, 2020, the National Labor Relations Board reversed its prior position regarding whether the Board may exercise jurisdiction over faculty at religious institutions of higher education.  The...more

Seyfarth Shaw LLP

In An Important Ruling for Religious Educational Institutions, The National Labor Relations Board Overrules Prior Decision and...

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Seyfarth Synopsis: The National Labor Relations Board (“NLRB”) issued an important ruling strongly protecting the First Amendment rights of religious educational institutions, holding that “while the [National Labor...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Disentangles Itself From Religious Education Institutions

On June 10, 2020, the National Labor Relations Board (NLRB) renounced jurisdiction over faculty employees at most religious educational institutions. The Bethany College case overruled the NLRB’s 2014 Pacific Lutheran...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Rethinks Its Position on When It May Assert Jurisdiction Over Religious Schools in Labor Matters Involving Faculty...

On June 10, the National Labor Relations Board (NLRB or Board) issued Bethany College, 369 NLRB No. 98, in which it held that it does not have jurisdiction over matters concerning teachers or faculty at bona fide religious...more

Fisher Phillips

NLRB Will No Longer Exercise Jurisdiction Over Religious Educational Institutions

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In a major reversal of a 2014 Obama-era precedent, the National Labor Relations Board just ruled that it will no longer assert jurisdiction over bona fide religiously affiliated schools. This decision is of enormous...more

Proskauer - Labor Relations Update

NLRB Establishes Bright-Line Test Denying Jurisdiction over Religious Educational Institutions

We have seen this movie before. NLRB precedent established by the Board under the prior Administration conflicted sharply with decisions by the D.C. Circuit reviewing the Board. Then the current iteration of the Board...more

Holland & Knight LLP

In Reversal, NLRB Decides It Lacks Jurisdiction Over Religious College

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Overruling a prior decision, the National Labor Relations Board (NLRB) has determined that it cannot exercise jurisdiction over the faculty of Bethany College, a college associated with the Evangelical Lutheran Church of...more

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