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
Key Terms:
AdministrativeLaw Arbitration ERISA LaborRelations Privacy JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTIONS PRESENTED 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? (i)

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
John Douglas KorneyLaw Offices of J. Douglas Korney, Respondent
Robbie Ohlendorf, et al.
Amanda Kae FreemanThe National Right to Work Legal Defense Foundation, Petitioner
Amanda Kae FreemanThe National Right to Work Legal Defense Foundation, Petitioner