No. 18-1083

Garda CL Northwest, Inc., fka AT Systems, Inc. v. Lawrence Hill, et al.

Lower Court: Washington
Docketed: 2019-02-21
Status: Denied
Type: Paid
Tags: collective-bargaining-agreement labor-management-relations-act-301 mental-state preemption unreasonableness willfulness collective-bargaining contract-interpretation federal-labor-law labor-preemption labor-relations lmra mental-state preemption statutory-construction waiver-interpretation
Key Terms:
Arbitration ERISA Takings LaborRelations JusticiabilityDoctri
Latest Conference: 2019-05-30
Question Presented (AI Summary)

Whether a state labor claim that requires the plaintiff to show that an employer acted with 'willfulness,' 'unreasonableness,' or other mental state, which can be resolved only through interpretation of the terms of the pertinent collective bargaining agreement, is preempted by section 301 of the Labor Management Relations Act

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Whether a state labor claim that requires the plaintiff to show that an employer acted with “willfulness,” “unreasonableness,” or other mental state, which can be resolved only through interpretation of the terms of the pertinent collective bargaining agreement, is preempted by section 301 of the Labor Management Relations Act (“LMRA’). (2) Whether a state-law rule, which imposes a higher burden of proof for establishing waivers of wage-and-hour rights contained in_ collective bargaining agreements than it does for individual waivers of those same rights outside the collective bargaining context, is preempted by the National Labor Relations Act (“NLRA”).

Docket Entries

2019-06-03
Petition DENIED.
2019-05-14
DISTRIBUTED for Conference of 5/30/2019.
2019-05-08
Reply of petitioner Garda CL Northwest, Inc. filed.
2019-04-24
Brief of respondents Lawrence Hill, et al. in opposition filed.
2019-03-18
Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2019.
2019-03-15
Motion to extend the time to file a response from March 25, 2019 to April 24, 2019, submitted to The Clerk.
2019-02-19
Petition for a writ of certiorari filed. (Response due March 25, 2019)

Attorneys

Garda CL Northwest, Inc.
Fred Anthony RowleyMunger Tolles & OLson, LLP, Petitioner
Fred Anthony RowleyMunger Tolles & OLson, LLP, Petitioner
Lawrence Hill, et al.
Scott Lawrence NelsonPublic Citizen Litigation Group, Respondent
Scott Lawrence NelsonPublic Citizen Litigation Group, Respondent