No. 18-3

Robbie Ohlendorf, et al. v. Local 876, United Food & Commercial Workers International Union

Lower Court: Sixth Circuit
Docketed: 2018-06-28
Status: Denied
Type: Paid
Tags: alexander-v-sandoval check-off-authorization duty-of-fair-representation federal-jurisdiction first-amendment labor-management-relations labor-management-relations-act private-right-of-action revocation statutory-interpretation
Latest Conference: 2018-09-24
Question Presented (from Petition)

1) Labor Management Relations Act Section 302(e)
grants federal courts jurisdiction to restrain violations of the statute. 29 U.S.C. § 186(e). The Court
has stated Section 302 expressly provides for a private right of action. In 2011, several Justices questioned this statement in light of Alexander v. Sandoval, 532 U.S. 275 (2001). Does Section 302 provide a
private right of action?

2) Does a labor organization violate its duty of fair
representation by refusing to honor, at the end of the
next applicable irrevocability period, employees'
check-off authorization revocations that are not sent
during an annual fifteen-day window period and by
certified mail?

Question Presented (AI Summary)

Whether Section 302 of the Labor Management Relations Act provides a private right of action

Docket Entries

2018-10-01
Petition DENIED.
2018-08-29
DISTRIBUTED for Conference of 9/24/2018.
2018-08-28
Reply of petitioners Robbie Ohlendorf, et al. filed.
2018-08-14
Brief of respondent Local 876, United Food & Commercial Workers International Union in opposition filed.
2018-07-10
Motion to extend the time to file a response is granted and the time is extended to and including August 27, 2018.
2018-07-05
Motion to extend the time to file a response from July 30, 2018 to August 27, 2018, submitted to The Clerk.
2018-06-28
Petition for a writ of certiorari filed. (Response due July 30, 2018)

Attorneys

Local 876, United Food & Commercial Workers International Union
John Douglas KorneyLaw Offices of J. Douglas Korney, Respondent
Robbie Ohlendorf, et al.
Amanda Kae FreemanThe National Right to Work Legal Defense Foundation, Petitioner