labor-law

62 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-801 Thomas Schramm v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC, aka United Steel Workers, aka USW Sixth Circuit 2026-01-07 Pending Response Waived contract-negotiations duty-of-fair-representation individual-discharge labor-law objective-evidence union-grievance 1. Whether the same standards for determining a breach of the duty of fair representation in contract negotiations should be imposed upon unions fo…
25-622 Office and Professional Employees International Union v. Space Exploration Technologies Corporation, et al. Fifth Circuit 2025-12-02 Pending Response Waived civil-procedure federal-rules intervention labor-law nlrb writ-of-certiorari Whether leave to intervene to file a petition for a writ of certiorari may properly be denied for a failure to show "exceptional" circumstances and "i…
25-488 Valerie Asato v. Hawaii Government Employees Association, et al. Hawaii 2025-10-20 Denied Response Waived constitutional-search duty-of-fair-representation employee-rights fourth-amendment grievance-process labor-law 1. Whether the Hawaii Government Employees Association ("HGEA") breached its duty of fair representation under federal and state labor law by engag…
25A190 United Natural Foods, Inc., dba United Natural Foods, Inc., and SuperValu, Inc. v. National Labor Relations Board Fifth Circuit 2025-08-15 Presumed Complete administrative-law chevron-deference labor-law nlrb prosecutorial-discretion statutory-interpretation Question not identified.
25-156 Freedom Foundation v. Rita Gail Turner, in Her Official Capacity as Litigation Research Coordinator in the Public Records Act Unit, Office of General Counsel, Los Angeles School District, et al. Ninth Circuit 2025-08-11 Denied Response RequestedResponse WaivedRelisted (2) access-to-information first-amendment labor-law public-employees union-membership viewpoint-discrimination Whether a law that prevents anyone but incumbent unions from accessing information necessary to communicate with public employees before they are recr…
25-118 Hood River Distillers, Inc. v. National Labor Relations Board District of Columbia 2025-07-31 Denied Response Waived bargaining-impasse judicial-review labor-law national-labor-relations-board substantial-evidence unilateral-changes 1. Does review for "substantial evidence" require courts to ensure that the Board's decision is reasonably supported by the evidence as a whole, inclu…
24-1263 Jeannine Bedard v. City of Los Angeles, California, et al. California 2025-06-11 Denied Response Waived due-process employment-conditions fourteenth-amendment labor-law property-rights vested-rights California Labor Code Sections 2802 and 2804 govern the indemnification of employees for necessary expenditures or losses incurred by the employee in …
24-1173 Evans Hotels, LLC, et al. v. Unite Here! Local 30, et al. Ninth Circuit 2025-05-15 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) circuit-split first-amendment labor-law noerr-pennington section-8b4 sham-petitioning Section 8(b)(4) of the National Labor Relations Act, 29 U.S.C. § 158(b)(4), prohibits unions from targeting neutral parties, often referred to as seco…
24-6944 Andrew Isaacs v. Interplex Sunbelt, Inc., et al. Florida 2025-04-08 Denied Response WaivedIFP fourteenth-amendment judicial-jurisdiction labor-law osha-regulations workers-compensation workplace-safety When a Judge of Compensation Claims (JCC) rules a lack of jurisdiction over an employee's claim of a Fourteenth Amendment violation, does such a deter…
24-6380 Megan Rust v. Laboratory Corporation of America, et al. Ninth Circuit 2025-01-24 Denied IFP civil-rights-violation code-of-conduct employment-discrimination employment-retaliation labor-law workplace-harassment Whether LabCorp's change of Petitioner's employment status from full-time to vacation coverage in retaliation for Petitioner's report of bullying and …
24-6075 Lamar Williams v. Alyeska Seafoods, Inc. Alaska 2024-12-05 Denied Response WaivedIFP constitutional-violations fifth-amendment fourteenth-amendment fourth-amendment government-funding labor-law Question not identified.
24-381 Jane Churchon v. Sutter Valley Hospitals California 2024-10-03 Denied Response Waived administrative-law civil-complaint employee-rights garmon-doctrine labor-law nlrb-preemption Whether the Court should overrule Garmon or at least clarify that factual overlap between a civil complaint and an NLRB complaint is insufficient to i…
24-370 Valley Health System, LLC, dba Desert Springs Hospital Medical Center, et al. v. National Labor Relations Board Ninth Circuit 2024-10-02 Denied Response RequestedResponse WaivedRelisted (2) administrative-interpretation collective-bargaining dues-checkoff labor-law ninth-circuit-review nlrb-deference Whether the Ninth Circuit erred in deferring to the National Labor Relations Board's interpretation of the National Labor Relations Act as it applies …
24A121 Richard Lee Rynn v. Craig Jennings, Judge, Avondale City Court, et al. Arizona 2024-08-02 Presumed Complete due-process ex-parte fraud-allegations judicial-impartiality labor-law workplace-dispute Question not identified.
23-1279 NewYork-Presbyterian Hudson Valley Hospital v. National Labor Relations Board, et al. Second Circuit 2024-06-07 Denied Response Waived administrative-law circuit-split labor-law labor-relations nlra nlrb-review standard-of-review substantial-evidence taft-hartley-act The National Labor Relations Act (NLRA) established the National Labor Relations Board (NLRB or Board) and conferred power upon it to adjudicate unf…
23A884 Joshua Marbley v. Teamster Local 988, et al. Fifth Circuit 2024-04-04 Presumed Complete certiorari civil-rights labor-law pro-se subject-matter-jurisdiction time-extension Question not identified.
23-954 Precision Drilling Corp., et al. v. Rodney Tyger, Individually and On Behalf of All Others Similarly Situated, et al. Third Circuit 2024-03-01 Denied Amici (2) circuit-split detrimental-effects donning-and-doffing employment-compensation fair-labor-standards-act job-specific-hazards labor-law preliminary-or-postliminary-activities protective-clothing wage-and-hour Whether the Fair Labor Standards Act, which exempts from required compensation all activities that are "preliminary" or "postliminary" to employees' p…
23-760 John Baker, et al. v. CSX Transportation, Inc., et al. Fourth Circuit 2024-01-16 Denied Response WaivedRelisted (2) civil-rights collective-bargaining disciplinary-process due-process employment employment-rights family-medical-leave-act fmla-compliance labor-law medical-certification statutory-interpretation statutory-protections The Family and Medical Leave Act (FMLA) sets forth a medical certification process, including the ability to obtain a second and third opinion, if an …
23-473 James E. Bachman, et al. v. John Q. Bachman, et al. Eighth Circuit 2023-11-06 Denied civil-procedure civil-rights department-of-labor due-process employment employment-retaliation equitable-defenses fair-labor-standards-act labor-law retaliation standing wage-dispute 1) Whether a case can be dismissed for plaintiffs' refusal to answer questions related to past and current employers in a deposition related to a wage…
23-5242 Rebecca Wu v. Public Employment Relations Board, et al. California 2023-07-28 Denied Response WaivedIFP 14th-amendment arbitrary-classification constitutional-challenge constitutional-law employee-classification employee-misclassification equal-protection labor-law statutory-interpretation Is it unconstitutional to have an interpretation of a statute that creates an Arbitrary classification in violation of the constitution of the 14th Am…
22-1136 In Re Robert Steven Mawhinney 2023-05-22 Denied Response Waived administrative-law due-process employment-contract federal-jurisdiction interstate-commerce judicial-review labor-law nondiscretionary-duty statutory-interpretation "Does 49 U.S.C. § 42121 provide the United States Department of Labor, the United States Circuit Court of Appeals for the Ninth Circuit, or the United…
22-1123 Richard J. Peltz-Steele v. UMass Faculty Federation, Local 1895 American Federation of Teachers, AFL-CIO, et al. First Circuit 2023-05-18 Denied Response Waived civil-rights exclusive-representation first-amendment free-speech freedom-of-association labor-law Does a state law forcing a government employee to accept a union of which the employee is not a member to speak and negotiate on their behalf as their…
22-1009 Barbara Kolkowski v. Ashtabula Area Teacher's Association, et al. Ohio 2023-04-17 Denied Response Waived civil-rights collective-bargaining due-process fourteenth-amendment free-speech grievance-process individual-rights labor-law liberty-interest public-employment statutory-interpretation Ohio has a public employee statutory scheme for collective bargaining. In this statutory scheme, the Ohio Legislature took care to create an individua…
22-935 Transervice Logistics, Inc., et al. v. Central States, Southeast and Southwest Areas Pension Fund, et al. Seventh Circuit 2023-03-24 Denied Amici (1) administrative-law circuit-split collective-bargaining contract-interpretation contract-termination evergreen-clause labor-agreement labor-law notice-requirement notice-requirements Whether a notice of termination for a collective bargaining agreement must contain a clear statement of an intent to terminate the agreement, as the S…
22-909 Kroger Limited Partnership I v. United Food & Commercial Workers, Local 1995 Sixth Circuit 2023-03-17 Denied Response Waived arbitrability arbitration civil-procedure federal-courts judgment-on-pleadings labor-arbitration labor-law pleadings presumption-in-favor-of-arbitrability rule-12c 1. Does the universal standard for judgment on the pleadings apply to a Rule 12(c) motion to compel a labor arbitration or does the general principle …
22-642 General Motors, LLC, et al. v. FCA US, LLC, et al. Sixth Circuit 2023-01-11 Denied antitrust civil-procedure civil-rights corporate-conspiracy labor-law labor-union merger-scheme proximate-cause racketeering rico rico-act Whether the direct and intended victim of a racketeering scheme who suffers injury by reason of the scheme is precluded from establishing proximate ca…
22-577 Jodee Wright v. Service Employees International Union Local 503, et al. Ninth Circuit 2022-12-21 Denied Amici (1)Response Waived civil-rights collective-bargaining due-process first-amendment fourteenth-amendment free-speech freedom-of-speech labor-law public-sector union-dues Do the constitutional guarantees of Freedom of Speech and Due Process of law create an affirmative duty for government employers to ensure employees' …
22-520 Temple University Hospital, Inc. v. National Labor Relations Board District of Columbia 2022-12-05 Denied Response Waived administrative-law circuit-court-review federal-labor-policy judicial-estoppel labor-law labor-relations nlrb-jurisdiction precedent subject-matter-jurisdiction Whether the D.C. Circuit lawfully affirmed the National Labor Relations Board's new rule—categorically barring the application of judicial estoppel to…
22-342 Mary Corner v. Martin J. Walsh, Secretary of Labor Seventh Circuit 2022-10-12 Denied Response Waived administrative-law administrative-record civil-procedure civil-rights due-process eighth-amendment labor-law labor-management-reporting-and-disclosure-act procedural-due-process secretary-of-labor standing union-member-rights 1. Whether my rights to procedural due process was violated under the XIV Amendment when I was denied my right to submit a Reply Brief in 7th Circuit …
22-219 Cara O'Callaghan, et al. v. Michael V. Drake, in His Official Capacity as President of the University of California, et al. Ninth Circuit 2022-09-09 Denied Response RequestedResponse WaivedRelisted (4) civil-rights collective-bargaining first-amendment government-worker janus-precedent janus-v-afscme labor-law labor-rights union-dues Whether a union can trap a government worker into paying dues for longer than a year under Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018).
21-1520 Wismettac Asian Foods, Inc. v. National Labor Relations Board Ninth Circuit 2022-06-03 Denied Response Waived administrative-law civil-procedure due-process employer-speech first-amendment free-speech labor-board labor-law national-labor-relations-act section-8c standing union-authorization 1. Did the National Labor Relations Board violate Section 8(c) of the National Labor Relations Act, 29 U.S.C. § 158(c), which guarantees employer free…
21-1490 Arvind Gupta v. Marty Walsh, Secretary, Department of Labor, et al. Second Circuit 2022-05-27 Denied Response Waived employment-standards h-1b-visa immigration-compliance immigration-nationality-act labor-department labor-law nonimmigrant-worker prevailing-wage settlement-agreement wage-requirements working-conditions Whether employers can have legally enforceable private settlement agreement with the nonimmigrant worker to pay less than the wages required under the…
21-956 Sojourner Rudisill v. International Association of Machinists and Aerospace Workers, et al. Third Circuit 2021-12-30 Denied Response RequestedResponse WaivedRelisted (2) administrative-law administrative-review arbitration civil-procedure due-process judicial-jurisdiction jurisdiction labor-law railway-labor-act Whether the Railway Labor Act ("RLA") permits courts to exercise jurisdiction over due process challenges to decisions rendered by RLA arbitration pan…
21-6451 Ada Maria Benson v. IHSS DPSS, In Home Supportive Services, et al. Ninth Circuit 2021-11-30 Denied IFP civil-procedure civil-rights constitutional-rights due-process federal-procedure frivolous-litigation labor-law standing wage-theft workplace-assault In the US Supreme Court Volume 408 Grayned v. City of Rockford, 408 U.S. 104 (1972) "The person cannot be declared a Frivolous (vexatious) litigant un…
21-612 Isaac Wolf v. University Professional and Technical Employees, Communications Workers of America Local 9119, et al. Ninth Circuit 2021-10-26 Denied Response Waived affirmative-consent civil-rights due-process first-amendment free-speech labor-law labor-rights public-workers standing supreme-court-precedent union-dues 1) Whether a union can trap a public worker into paying dues without the "affirmative consent" required by Janus v. AFSCME, Council 31, 138 S. Ct. 244…
21-5354 Bruce S. Joyner v. The News Journal Delaware 2021-08-12 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights compensation-claim defective-equipment due-process employment-contract employment-contracts industrial-accident labor-law termination-notice workers-compensation Plaintiff has a contract; a written or spoken agreement concerning employment, 'be'entoreeable-by-lawrboth 'parties'must 'sign' employment contracts.)…
20-1813 Terry Foster, et al. v. International Brotherhood of Electrical Workers, Local 1516, et al. Eighth Circuit 2021-06-29 Denied 501b due-process fiduciary-duties fiduciary-duty good-cause labor-law lmrda subject-matter-jurisdiction union-member union-membership 1. Did expulsion of a union member without his presence constitute a lack of due process, good cause as defined by 157.01 LMRDA, Section 501(b)? 2. D…
20-1810 Charles Landon Roberson v. Hanesbrands, et al. Fourth Circuit 2021-06-29 Denied access-to-courts civil-procedure civil-rights due-process employment-discrimination equal-protection in-forma-pauperis labor-law protected-activity restitution retaliation wrongful-termination Question not identified.
20-1643 Arthur Baisley v. International Association of Machinists and Aerospace Workers Fifth Circuit 2021-05-26 Denied constitutional-rights fair-representation first-amendment janus-v-afscme labor-law opt-out opt-out-procedures political-activities railway-labor-act union-fees Whether opt-out procedures for collecting union fees for ideological and political activities violate the First Amendment or the Railway Labor Act.
20-1458 Jon L. Bryan v. American Airlines, Inc., et al. First Circuit 2021-04-19 Denied administrative-law administrative-procedure civil-procedure duty-of-fair-representation grievance-procedure grievance-withdrawal labor-law statute-of-limitations union-representation Whether the court erred by ruling that a union member's duty of fair representation claim, filed two months after the union's withdrawal of his 19-yea…
20-1305 Douglas J. Holdings, Inc., et al. v. Joy Eberline, et al. Sixth Circuit 2021-03-19 Denied Amici (2) all-circumstances discrete-tasks employee-classification employee-status employment employment-status fair-labor-standards-act intern-status labor-law student-intern-trainee workplace-rights Whether the Fair Labor Standards Act requires a court to consider all the circumstances of the parties' relationship, or only those discrete tasks ide…
20-1252 Stephen J. Simoni v. Jersey Shore University Medical Center, et al. Third Circuit 2021-03-10 Denied arbitration attorneys-fees circuit-court-interpretation civil-procedure federal-courts federal-labor-law labor-arbitration labor-law supreme-court-precedent union-rights United States Supreme Court precedent requires that union members be awarded attorneys' fees where the employer wrongfully blocked access to quick and…
20-852 Shaquere Myleshia Gray, Co-Administratrix of the Estate of Gregory Tremaine Miller, et al. v. Alabama Great Southern Railroad Company Fifth Circuit 2020-12-28 Denied Response Waived civil-rights court-of-appeals due-process employer-liability federal-courts fela fifth-circuit labor-law legal-interpretation statutory-interpretation supreme-court-precedent 1. Whether the Court of Appeals for the 5th Circuit has deviated from established Supreme Court precedent under the Federal Employers Liability Act ("…
20-606 Tatyana E. Drevaleva v. California Department of Industrial Relations California 2020-11-05 Denied Response WaivedRelisted (2) administrative-law anti-SLAPP civil-procedure civil-rights first-amendment free-speech governmental-immunity labor-code labor-law libel 1) Does Governmental Entity the California Department of Industrial Relations (DIR) have a right to file a Special Motion to Strike my Complaint (an …
19-1334 Signode Industrial Group LLC, et al. v. Harold Stone, et al. Seventh Circuit 2020-06-02 Denied circuit-split cnh-industrial collective-bargaining contract-interpretation contract-law contract-termination employee-benefits labor-law lifetime-benefits m-and-g-polymers vested-benefits vested-rights Whether the Seventh Circuit erred by holding, in conflict with decisions reached by at least two other federal courts of appeals and in spite of this …
19-8359 Darin D. Phillips v. Stuart Sherman, Warden Ninth Circuit 2020-04-26 Denied IFP administrative-law civil-rights due-process employment labor-law minimum-wage Question not identified.
19-1144 Michael McCarron v. DeCarlo & Shanley, P.C. Ninth Circuit 2020-03-18 Denied Response RequestedResponse WaivedRelisted (3) civil-procedure erisa erisa-preemption fiduciary-duty labor-law labor-union legal-advice legal-malpractice preemption professional-misconduct standing state-law-claims I. Does The Employee Retirement Income Security Act of 1974 ("ERISA ") (29 U.S.C. §1144(a)), preempt state law claims of a labor union official agains…
19-7686 Maurice Buford v. Laborers' International Union Local 269, et al. Seventh Circuit 2020-02-18 Denied Response WaivedIFP civil-rights discrimination duty-of-fair-representation employment-law fair-representation harassment labor-law labor-union statute-of-limitations title-vii weingarten-rights whistleblower-protection I. Whether Discrimination/Duty of Fair Representation violated by the Labor International Union 269 under Title VI I42 U.S.C. 2000(e) {Goodman v. Luke…
19-7607 Jon P. Westrum v. National Labor Relations Board Eighth Circuit 2020-02-07 Denied Response WaivedRelisted (2)IFP alter-ego-doctrine civil-rights due-process labor-dispute labor-law legal-standing sole-proprietorship statute-of-limitations time-bar union-representation (1) a one man shop cannot be represented by the union, (see Stack Electric decision). (2) the 6 month time bar had lapsed, (see transcripts). (3) th…
19-856 Los Angeles County, California v. Trina Ray, et al. Ninth Circuit 2020-01-08 Denied Response Waived administrative-law due-process fair-labor-standards-act federal-preemption labor-law non-enforcement-policy overtime-wages sovereign-immunity state-action state-agency Respondents, on behalf of themselves and other similarly situated home care workers in the State of California's In-Home Supportive Services ("IHSS") …
19-6198 Gonzalo R. Rubang, Jr. v. United Airlines, Inc., et al. Ninth Circuit 2019-10-09 Denied IFP civil-rights due-process employment-discrimination federal-jurisdiction federal-money fraud labor-dispute labor-law negligence standing worker-compensation worker-endangerment worker-rights workplace-safety Just surprise me that myself and fellow injured Mechanics and other ground personnel at UNITED AIRLINES, INC in San Francisco International Airport in…
19-352 Robin Brindle, et al. v. Delta Airlines, Inc., et al. Rhode Island 2019-09-17 Denied Response RequestedResponse WaivedRelisted (2) airline-deregulation airline-deregulation-act civil-procedure federal-law federal-preemption labor-law local-wage-regulation preemption state-regulation state-wage-regulation transportation transportation-law wage-regulation Whether the preemption provision of the Airline Deregulation Act of 1978, 49 U.S.C. § 41713(b)(1), exempts airlines from state and local wage regulati…
19-182 Francisca Guillen v. Dollar Tree Stores, Inc. Ninth Circuit 2019-08-09 Denied Response Waived california-labor-code california-law district-court-discretion electronic-records employee-protection employee-rights jury-instructions labor-code labor-law labor-standards-enforcement statutory-interpretation wage-statements 1. Whether it was error not to instruct a jury on the law set forth in almost 20-years of opinions of California's Department of Labor Standards Enfor…
19-5052 John P. Greiner v. Macomb County, Michigan, et al. Michigan 2019-07-03 Denied Response WaivedIFP administrative-procedure civil-rights due-process fraud-on-the-court retaliation administrative-hearing civil-rights constitutional-rights due-process employment first-amendment fraud-on-the-court free-speech labor-law wrongful-termination My name is John Greiner. I am a wrongfully terminated employee. I was terminated in violation of the first amendment of the United States Constitution…
18-9582 In Re E. Edward Zimmermann 2019-06-07 Denied Response WaivedRelisted (3)IFP civil-rights due-process employment-conditions federal-preemption federalism government-regulation labor-law labor-relations labor-rights national-labor-relations-act statutory-interpretation workplace-governance Are "terms and conditions of employment and working conditions" as defined by The National Labor Relations Act (NLRA), subject matter left to free peo…
18-9426 Paul Duriso v. West Gulf Maritime Association, et al. Fifth Circuit 2019-05-24 Denied Response WaivedRelisted (2)IFP cba civil-procedure civil-rights collective-bargaining due-process employee-rights grievance-process ila-constitution labor-law legal-jurisdiction maritime-law statute-of-limitations texas-civil-practice-and-remedies-code texas-code In the case of Rhonda Stelly vs. West Gulf Maritime et al, 4-17-cv-2392 and several related cases such as this case Paul Duriso vs. West Gulf Maritime…
18-1415 ASARCO LLC v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC Ninth Circuit 2019-05-10 Denied arbitration-authority arbitrator-authority arbitrator-jurisdiction circuit-split civil-procedure collective-bargaining collective-bargaining-agreement contract-interpretation due-process judicial-review labor-arbitration labor-law no-add-provision remedial-limits remedial-power scope-of-authority waiver 1. Whether a collective bargaining agreement ("CBA") that expressly states "[t]he arbitrator shall not have jurisdiction or authority to add to, detra…
18-1265 September Ends Co., et al. v. Pension Benefit Guaranty Corporation Sixth Circuit 2019-04-02 Dismissed Response RequestedResponse Waived circuit-split civil-procedure collective-bargaining erisa erisa-pension erisa-pension-obligations erisa-successor-liability federal-common-law labor-law pension-obligations state-law statutory-interpretation successor-liability takings What is the proper standard for successor liability for unpaid ERISA pension obligations?
18-914 Gerald E. Bove v. United States Second Circuit 2019-01-15 Denied Response Waived attorney-fees circuit-precedent due-process frivolous frivolous-prosecution hyde-amendment labor-law labor-laws legal-theory standing 1. For the purposes of denying an a claim for attorney's fees from the federal government under the "Hyde Amendment," may a government theory of prose…
18-873 Casino Pauma v. National Labor Relations Board Ninth Circuit 2019-01-08 Denied chevron-deference civil-rights employee-solicitation indian-gaming-regulatory-act indian-tribes labor-law labor-solicitation national-labor-relations-act republic-aviation tribal-sovereignty For over seventy years, the National Labor Relations Act, 29 U.S.C. § 151 et seq., was interpreted as not applying to Indian tribes according to admin…
18-855 Ray Allen, Secretary, Wisconsin Department of Workforce Development, et al. v. International Association of Machinists District Ten, et al. Seventh Circuit 2019-01-04 Dismissed Amici (4)Relisted (2) dues-checkoff federal-law labor-law labor-relations national-labor-relations-act preemption right-to-work summary-affirmance union-authorization Whether this Court should overrule its summary affirmance in Sea Pak v. Industrial, Technical, and Professional Employees, Division of National Mariti…
18-5429 Michael Garry v. Trane Company Wisconsin 2018-08-01 Denied Response WaivedRelisted (2)IFP administrative-law civil-procedure civil-rights due-process fraud judicial-review jurisdiction labor-law standing state-court-appeals Question not identified.