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First Circuit Dismisses Wage Lawsuit Due to Union Agreement
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Final ex-UAW defendant sentenced in corruption scandal
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Split 9th Circ. Panel Axes Grain Co. s RICO Suit Against Union
Law360 (June 28, 2021, 9:51 PM EDT) A split Ninth Circuit panel affirmed the dismissal of a Racketeer Influenced and Corrupt Organizations Act suit that a grain exporter brought against union employees accused of overstating their hours worked, ruling Monday that a collective bargaining agreement requires the claims to be arbitrated first.
In the 2-1, published decision, the panel majority said the lower court was right to toss the RICO suit from Columbia Export Terminal. It found that the Labor Management Relations Act requires arbitration to be exhausted before the claims can be considered by the courts, because resolution of the RICO claims depend on the analysis of.
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Shipbuilding Worker Wants Wage Suit Back In Calif. Court
Law360 (May 14, 2021, 2:16 PM EDT) A proposed wage and hour class action against a General Dynamics shipbuilding unit should return to California state court because the wage claims revolve around state law and there is no federal preemption, a former worker argued in a federal court filing.
In a motion Thursday, former worker Drew Martinez argued that his wage claims against National Steel and Shipbuilding Co., or NASSCO, belong in California state court, where he had initially filed the suit, because the claims don t require interpretation of a collective bargaining agreement. Therefore, he said, they don t trigger a Labor Management Relations Act preemption.
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