collective-bargaining

53 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A725 PG Publishing Co., Inc. dba Pittsburgh Post-Gazette v. National Labor Relations Board, et al. Third Circuit 2025-12-19 Denied circuit-split collective-bargaining consequential-damages labor-relations nlrb thryv-doctrine Question not identified.
25-669 Timothy Rosin v. Kimberly Hill Fourth Circuit 2025-12-09 Denied Response Waived administrative-transfer collective-bargaining due-process fourteenth-amendment property-interest school-principal 1. Whether Rosin's involuntary transfer was: 1) an administrative transfer, or 2) a punitive/disciplinary demotion? 2. Whether a certified public-sch…
25A298 The Boeing Company v. Southwest Airline Pilots Association, on Behalf of Itself and its Members Texas 2025-09-16 Presumed Complete collective-bargaining labor-union preemption railway-labor-act state-law-tort third-party-claim Question not identified.
25-209 Elizabeth Spokoiny v. University of Washington Medical Center Ninth Circuit 2025-08-21 Denied Response Waived circuit-split collective-bargaining employment-discrimination fmla title-ix title-vii 1. Should sexual discrimination claims under Title VII and Title IX be analyzed under the traditional McDonnell Douglas "but-for " test as the Sixth…
25-5359 Robert Joyce v. Consolidated Edison Company of New York, Inc. Second Circuit 2025-08-14 Denied IFP arbitration-award collective-bargaining duty-of-fair-representation employment-termination federal-rules labor-relations 1. Should Petitioner have been foreclosed from challenging the alleged fraud in Federal Court pursuant to 301 of the Labor Management Relations Act be…
24-1101 Ali Bahreman v. Allegiant Air, LLC, et al. Ninth Circuit 2025-04-23 Denied Response Waived collective-bargaining duty-of-fair-representation employee-rights labor-organization railway-labor-act union-representation 1. Do a union and employer violate § 2, Fourth by requiring non-members to financially support a union in a manner not authorized by § 2, Eleventh (a)…
24-976 Alaris Health at Boulevard East v. National Labor Relations Board Third Circuit 2025-03-12 Denied Response Waived collective-bargaining contract-negotiation due-process employment-terms labor-relations nlrb-authority 1. Whether clauses in an expired collective bargaining agreement form part of the status quo that must be maintained after the expiration of the contr…
24A678 Gerald Nelson v. New York City Transit Authority, et al. Second Circuit 2025-01-10 Presumed Complete collective-bargaining duty-of-fair-representation federal-removal labor-management-act pro-se-litigation subject-matter-jurisdiction Question not identified.
24-511 Brent Electric Company, Inc. v. International Brotherhood of Electrical Workers Local Union No. 584 Tenth Circuit 2024-11-05 Denied collective-bargaining council-on-industrial-relations interest-arbitration mandatory-subjects national-labor-relations-act union-agreement Brent Electric Company, Inc. ("Brent Electric") was bound by a collective bargaining agreement with the International Brotherhood of Electrical Worker…
24-5789 Saretta Mildred Gross v. United Parcel Service, et al. Eleventh Circuit 2024-10-21 Denied Response WaivedRelisted (2)IFP collective-bargaining employment-discrimination jurisdiction motion-to-dismiss pro-se-plaintiff sexual-harassment Petitioner Original complaints alleged that her supervisors sexually harassed her on a regular basis then retaliated when she reported their harassmen…
24-5781 Marquice D. Robinson v. Michael Holman, et al. Eleventh Circuit 2024-10-18 Denied Response WaivedRelisted (2)IFP adverse-action circuit-split collective-bargaining employment-law summary-judgment tenth-amendment 1. Whether The Eleventh Circuit Court of Appeals erred in essentially holding in conflict with The Ninth Circuit Court of Appeals that a violation of …
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 …
24-191 Bahig Saliba v. Allied Pilots Association Ninth Circuit 2024-08-21 Denied Response Waived aviation-law collective-bargaining federal-aviation-act labor-representation medical-certification private-right-of-action Whether a collective bargaining agent has authority to negotiate terms and conditions that impact the Federal Aviation Administration (FAA) pilot medi…
23-1113 Atishma Kant, et al. v. Service Employees International Union, Local 721, et al. Ninth Circuit 2024-04-12 Denied Response RequestedResponse WaivedRelisted (2) affirmative-consent collective-bargaining compelled-speech first-amendment labor-union labor-unions public-employee public-sector waiver-of-rights Public sector labor unions cannot use state law to take money from a nonmember public employee's lawfully earned wages for use in political speech unl…
23A795 Atishma Kant, et al. v. Service Employees International Union Local 721, et al. Ninth Circuit 2024-02-27 Presumed Complete collective-bargaining first-amendment janus-precedent section-1983 state-action union-dues Question not identified.
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 …
23-5367 Rebecca Wu v. Twin Rivers Unified School District California 2023-08-16 Denied Relisted (2)IFP 14th-amendment california-law civil-rights collective-bargaining due-process employment-status misclassification public-employee tenure tenure-classification Does the United States Constitution allow for an Indefinite probationary classification in California law of a public employee or Teacher because they…
23-5126 Farkhan Mahmood Shah v. American Airlines, Inc., et al. Third Circuit 2023-07-18 Denied IFP arbitration civil-rights collective-bargaining diversity-jurisdiction due-process employment employment-discrimination first-amendment misrepresentation religious-discrimination summary-judgment 1. Whether the United States Court of Appeals for the Third Circuit erred by explicitly relying on American Airlines ' misrepresentation of the terms …
22-1096 Ariadna Ramon Baro v. Lake County Federation of Teachers Local 504, IFT-AFT/AFL-CIO, et al. Seventh Circuit 2023-05-10 Denied Response Waived collective-bargaining consent employee-rights first-amendment government-employer janus-v-afscme union-membership waiver waiver-doctrine In Janus v. AFSCME, this Court held that government employers may not withhold money from an employee on behalf of a union unless the employee affirma…
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…
22-577 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' …
22-498 Kristine Kurk v. Los Rios Classified Employees Association, et al. Ninth Circuit 2022-11-28 Denied Amici (3)Response RequestedResponse WaivedRelisted (3) civil-rights collective-bargaining compelled-association due-process first-amendment free-speech freedom-of-association public-employment state-statute union-membership Does the First Amendment protect a public employee's right to resign union membership at will?
22-494 Melodie DePierro v. Las Vegas Police Protective Association Metro, Inc., et al. Ninth Circuit 2022-11-23 Denied Response Waived collective-bargaining consent first-amendment free-speech government-employer janus-precedent janus-v-afscme union-dues Melodie DePierro is a police officer in the State of Nevada who exercised her First Amendment right not to support union speech under Janus v. AFSCME,…
22-476 Fraternal Order of Police, Metropolitan Police Department Labor Committee, D.C. Police Union v. District of Columbia, et al. District of Columbia 2022-11-18 Denied Response Waived civil-rights collective-bargaining constitutional-law contract-clause due-process impairment-of-contract police police-discipline takings The Contract Clause of the United States Constitution prohibits any State, including the District of Columbia, from passing a law that substantially i…
22-221 Jose Mendoza, Jr. v. Amalgamated Transit Union International, et al. Ninth Circuit 2022-09-09 Denied Response Waived collective-bargaining collective-bargaining-agreements federal-forum labor-management-relations-act labor-management-reporting-and-disclosure-act preemption state-law-claims state-law-preemption union-constitution union-constitutions union-governance 1. Does § 301 of the LMRA completely preempt state law claims and remedies by union members against their unions to enforce union constitutions despit…
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).
22-220 Union Pacific Railroad Company v. Brotherhood of Locomotive Engineers and Trainmen Fifth Circuit 2022-09-09 Denied Amici (2) antiunion-animus arbitration-procedures circuit-split collective-bargaining mandatory-arbitration railway-labor-act statutory-interpretation union-representation union-representatives The Railway Labor Act ("RLA") prohibits carriers from interfering with their employees' "choice of representatives." 45 U.S.C. § 152 Third. Union Paci…
22-116 Connecticut State Police Union v. James Rovella, Commissioner, Connecticut Department of Emergency Services and Public Protection Second Circuit 2022-08-08 Denied Response Waived collective-bargaining contracts-clause freedom-of-information police-accountability police-misconduct public-accountability public-sector retroactive-legislation Whether Connecticut Public Act 20-1, "An Act Concerning Police Accountability," violates the Contracts Clause, Article I, Section 10, of the United St…
21-1334 Columbia Export Terminal, LLC v. International Longshore and Warehouse Union, et al. Ninth Circuit 2022-04-07 Dismissed Response Waived arbitration arbitration-provisions collective-bargaining collective-bargaining-agreement federal-court-jurisdiction federal-jurisdiction labor-management-relations-act labor-union lmra-preemption preemption rico rico-claims 1. Does § 301 of the LMRA preempt claims brought in federal court under federal statutes, like the RICO claims in this case? 2. In interpreting the a…
21-1151 Arthur O. Armstrong v. School District of Philadelphia Third Circuit 2022-02-22 Denied Relisted (2) civil-rights collective-bargaining constitutional-rights due-process employment-termination fourteenth-amendment procedural-fairness property reinstatement 1. Whether Respondent School District of Philadelphia, on August 25,1992, discharged appellant Arthur O. Armstrong, without just cause, without a hear…
21-278 John Krakowski, et al. v. Allied Pilots Association, et al. Second Circuit 2021-08-25 Denied Response Waived 11-usc-1113 bankruptcy-court collective-bargaining discrimination duty-of-fair-representation labor-union railway-labor-act seniority-system Where a labor union imposed as part of its collective bargaining agreement a seniority system that admittedly discriminated in bad faith against a dis…
20-1661 Arthur O. Armstrong v. School District of Philadelphia Third Circuit 2021-05-28 Denied 14th-amendment collective-bargaining due-process employment employment-law fourteenth-amendment grievance-procedure official-discrimination procedural-rights property-rights 1. Whether School District of Philadelphia, on August 25.1992. discharged the petitioner from his teaching position, without due process of law, with…
20-1494 Nob Hill General Stores, Inc. v. National Labor Relations Board Ninth Circuit 2021-04-26 Denied Response Waived collective-bargaining contract-interpretation contract-law due-process equal-protection equal-protection-clause ninth-circuit precedent precedential-value publication-rules Contracting parties use a "notwithstanding any language to the contrary" clause in their contracts to preclude the applicability of competing contract…
20-1120 Melissa Belgau, et al. v. Jay Inslee, Governor of Washington, et al. Ninth Circuit 2021-02-16 Denied Amici (6)Response RequestedResponse WaivedRelisted (2) 42-usc-1983 collective-bargaining color-of-law employee-rights first-amendment public-employees section-1983 union-dues 1. Whether it violates the First Amendment for a state and union to seize union dues or fees from employees' wages without proof the employees waived …
20-7104 Vincent Lyle Badkin v. Lockheed Corporation, et al. Ninth Circuit 2021-02-10 Denied IFP access-to-justice civil-rights collective-bargaining collective-bargaining-agreement duty-of-fair-representation judicial-review labor-management-relations labor-management-relations-act section-301 wrongful-termination In this "hybrid § 301" claim brought under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, the Ninth Circuit Court of Appeals "has…
20-392 Fatmata Kamara v. New Jersey, Department of Law and Public Safety, Division of State Police New Jersey 2020-09-25 Denied administrative-law civil-rights collective-bargaining conscientious-employee-protection-act due-process employment-discrimination employment-law law-against-discrimination police-misconduct state-police-procedure time-bar A rule was violated because No Statement was Obtained From Me For the Preliminary Hearing and Yet I was Terminated. State Police Counsel used Law Agai…
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 …
19-1227 Judith Kerns, et al. v. Caterpillar, Inc. Sixth Circuit 2020-04-17 Denied Response Waived collective-bargaining collectively-bargained-agreements contract-interpretation durational-clause ERISA healthcare-benefits m-and-g-polymers M&G-Polymers-v-Tackett retiree-benefits sixth-circuit surviving-spouse vesting With respect to the surviving spouse class members whose retiree-spouses died on or after January 10, 2005 (after expiration of the 1998 contracts) ("…
19-7934 Kathleen Betts v. United Airlines, Inc. Seventh Circuit 2020-03-10 Denied Response WaivedIFP arbitration-procedure arbitration-procedures civil-procedure collective-bargaining court-review due-process eeoc-charge employment judicial-proceedings lower-court pro-se-litigation retaliation seventh-circuit Whether the Seventh Circuit so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by a lower cour…
19-341 Augustine Pacheco, et al. v. Honeywell International Inc. Eighth Circuit 2019-09-16 Denied Response Waived age-65-promise collective-bargaining collective-bargaining-agreement contract-interpretation contract-law explicit-terms federal-common-law healthcare-vesting implied-terms industry-practice retirement-healthcare vesting Applying "ordinary principles of contract law," this Court held that collectively-bargained retirement healthcare vesting may be proved by "explicit t…
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?
18-1108 Stephanie C. Stucky v. Dwight Takeno, et al. Hawaii 2019-02-25 Denied Response Waived administrative-law administrative-procedure civil-procedure collective-bargaining due-process labor-relations mootness prohibited-practice prohibited-practices voluntary-cessation Did the Petitioner in this case receive due process of law when the Respondent/Intervenor, Hawai'i Labor Relations Board dismissed Petitioner's Prohib…
18-1092 Associated Builders and Contractors of California Cooperation Committee, Inc. v. Xavier Becerra, Attorney General of California, et al. Ninth Circuit 2019-02-21 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-rights collective-bargaining first-amendment free-speech government-speech legislative-amendment private-donation private-speech proxy subsidy viewpoint-discrimination 1. Does a plausible allegation that a facially "neutral" law acts as a proxy for viewpoint discrimination state a valid claim for relief under the Fir…
18-1083 Garda CL Northwest, Inc., fka AT Systems, Inc. v. Lawrence Hill, et al. Washington 2019-02-21 Denied 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 (1) Whether a state labor claim that requires the plaintiff to show that an employer acted with "willfulness," "unreasonableness," or other mental sta…
18-1065 Interpipe Contracting, Inc. v. Xavier Becerra, Attorney General of California, et al. Ninth Circuit 2019-02-14 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) as-applied-challenge chamber-of-commerce-v-brown civil-rights collective-bargaining labor-speech metropolitan-life-v-massachusetts minimum-labor-standards nlra-preemption project-labor-agreements union-organizing worker-consent Chamber of Commerce v. Brown, 554 U.S. 60 (2008) holds that noncoercive labor speech is protected by the NLRA, and any state statute that interferes w…
18-1042 Frank Gonzalez v. City of Hialeah, Florida Eleventh Circuit 2019-02-08 Denied city-charter city-employment civil-rights collective-bargaining constitutional-rights due-process employment for-cause-removal probationary-employee procedural-due-process procedural-rights property-interest public-employment reemployment-list stigma 1. whether there is a federal common law standard to determine the existence of a property interest in city employment, without applying state laws, r…
18-812 Teamsters Local 210 Affiliated Health and Insurance Fund v. Leon Silverman, as Trustee of the Union Mutual Medical Fund, et al. Second Circuit 2018-12-26 Denied collective-bargaining collective-bargaining-agreements federal-claims jurisdiction jurisdictional-scope labor-management-relations-act labor-management-relations-act-301a labor-organization national-labor-policy signatory supplemental-jurisdiction union-benefit-trust union-sponsored-benefit-trust union-sponsored-benefit-trust-fund 1. Did the Second Circuit impermissibly expand the jurisdiction of LMRA § 301(a) and drastically alter national labor policy when it held that a union…
18-579 Alaska Airlines, Inc. v. Judy Schurke, et al. Ninth Circuit 2018-11-02 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) arbitration-requirement civil-procedure collective-bargaining collective-bargaining-agreement federal-jurisdiction labor-management-relations-act labor-preemption labor-relations ninth-circuit-ruling preemption railway-labor-act state-law-claim state-law-claims In order to promote stability in labor-management relations and minimize disruptions in vital transportation services, the Railway Labor Act (RLA) req…
18-467 Barbara Fletcher, et al. v. Honeywell International, Inc. Sixth Circuit 2018-10-12 Denied Response Waived ambiguity-principles circuit-split civil-rights collective-bargaining collective-bargaining-agreement contract-interpretation due-process erisa federal-common-law labor-management-relations-act retiree-healthcare supreme-court-precedent Fletcher v. Honeywell International Inc. , 892 F.3d 217 (6th Cir. 2018) holds that a "CBA's general durational clause applies to [retiree] healthcareb…
18-198 Lucio Celli v. New York City Department of Education, et al. Second Circuit 2018-08-14 Denied Response Waived administrative-regulations cba civil-procedure civil-rights collective-bargaining contract-clause due-process grievance-process judicial-bias judiciary-act judiciary-act-of-1789 racial-animus standing taylor-law Issue: The issue is not Fed. Rul. of Civ. Pro. 8(a); the issue is the plaintiff was not allowed to be the "master of the complaint" and his rights und…