By Matt Morrison In 2007, Maria Escriba requested and received two weeks of vacation from her employer to travel to Guatemala to care for her ailing father. When Escriba did not return to work at the end of her leave, the employer discharged her. Escriba sued, alleging that her employer unlawfully interfered with her right […]
Month: February 2014
Grievance Process Killed Retaliation Claim
A recent decision on a Workers Compensation retaliation claim shows a hidden value for employer-union grievance processes. In Macon v. UPS, No. 12-3080 (10th Cir. February 19, 2014), the plaintiff claimed that when he returned from a Workers’ Comp. leave, his supervisors began to scrutinize his work, wrote him up repeatedly, and repeatedly attempted to […]
It’s Never Too Late… To Take Corrective Action On A Discrimination Claim
…To Take Corrective Action On A Discrimination Claim By Ted Olsen Have you ever thought to yourself when knee-deep in messy litigation, “Wow! If I could only roll back time and do things differently!”? Well, sometimes you can. A recent case illustrates this. In Reeves v. Tennessee Farmers Mut. Ins. Co., No. 13-5824 (6th Cir. […]
The NLRB Reissues “Ambush” Election Rules
By Patrick Scully On February 5, 2014, the National Labor Relations Board (“NLRB”), acting this time with a full quorum, reissued its highly controversial 2011 changes to representation election rules. The proposed changes are the same as those the NLRB presented in 2011. The rule changes would: radically speed the pace of representation elections, eliminate […]
To arbitrate arbitrability or not to arbitrate arbitrability? That is the question!
By Lori Phillips Whether the parties to a collective bargaining agreement (“CBA”) agreed to arbitrate arbitrability (i.e. whether an issue is subject to arbitration at all) was the key issue ConocoPhillips, Inc. v. Local 13-0555 United Steelworkers In’tl Union, No. 12-31225 (5th Cir. Jan. 30, 2014). After an employee tested positive for drugs, the employer […]