In Bethany v. SEIU PA State Council, the 3rd Circuit dealt with the United States Supreme Court’s fair-share ruling in Janus v. AFSCME Council 31, 138 S. Ct. 2448 (2018). In Janus, the Supreme Court ruled that unions may not deduct fees from non-union members, the so-called “fair share fee”. Bethany LaSpina was just such … Read more
In Crozer-Chester Medical Ctr. v. Nat’l Labor Relations Bd., the 3rd Circuit reviewed a decision of the National Labor Relations Board and held that substantial evidence supported the Board’s conclusion that the employer violated the National Labor Relations Act (NLRA). However, the Board abused its broad remedial discretion in ordering the employer to disclose its entire agreement of … Read more
In In re Ridgefield Park Bd. of Educ., the NJ Supreme Court ruled N.J.S.A. 18A:16-17.2 mandates that, when employees of local school boards reach Tier 4 contribution levels in their first year of a collective negotiating agreement, they must continue to contribute at that level until they negotiate a successor negotiating agreement.
In Teamsters Local 177 v. UPS, the 3rd Circuit held that, under the FAA, a party’s injuries are only fully remedied by the entry of a confirmation order. The dispute the parties went to arbitration to resolve is “live” until the arbitration award is confirmed and the parties have an enforceable judgment in hand. Thus, … Read more
A civil servant who worked for PennDOT posted to her Facebook account a rant about the poor performance of school bus drivers and her seemingly cavalier attitude toward running over small children. As a result, she was fired. She sued to get her job back. The Pennsylvania Supreme Court noted that the government has a … Read more
Two former employees of the Milton Hershey School sued for discrimination and retaliation after they were fired. The school moved to compel arbitration under the collective bargaining agreement, and the district court denied the motion. On appeal, the 3rd Circuit found that the state-law claims were subject to the Federal Arbitration Act. In the absence … Read more