The Human Resource

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• NEW & NOTEWORTHY

Board Rules on Whistleblower Test Case

On the road again: Denver mass transit workers head back to work

N.Y. Gossip Reporter Says He Was Set Up

Machinists OK 3-Yr. Deal With Lockheed

Unions Wield More Influence in Bankruptcy

Judge Denies GM Request to Dismiss Lawsuit

• Read The Opinion And Order

Clerk accuses Portland police chief of sexual misconduct

Many blacks concerned that legalizing undocumented immigrants would hurt low-wage

workers

Northwest Mechanics Denied Unemployment

• Learn About Unemployment Insurance

 

• CASE SUMMARIES

Scheerer v. Potter

Cottrill v. MFA, Inc.

In re: James

Bearden v. U.S. Borax, Inc.

Cardona-Martinez v. Rodriguez-Quinones

OPW Fueling Components v. Nat'l Labor Relations Bd.

Cioffi v. Averill Park Bd. of Ed.

Velez v. City of Chicago

 

NEW & NOTEWORTHY:

BOARD RULES ON WHISTLEBLOWER TEST CASE

Associated Press

 

A federal labor board, weighing a closely watched test case of the nation's new law to protect corporate whistleblowers, has issued a mixed ruling, ordering a tiny Virginia bank to reinstate a former executive but giving the bank time to appeal.

 

http://news.findlaw.com/ap/f/66/04-07-2006/20ab00127d c5d7aa.html

 

 

ON THE ROAD AGAIN: DENVER MASS TRANSIT WORKERS HEAD BACK TO WORK

Associated Press

 

Trains and buses were rolling again early Monday after a weeklong transit strike sent thousands of commuters across the Denver area scrambling for rides to work.

 

http://news.findlaw.com/ap/o/51/04-10-2006/0ac400068a cfc3ae.html

 

 

N.Y. GOSSIP REPORTER SAYS HE WAS SET UP

Associated Press

 

New York Post gossip writer Jared Paul Stern, who's accused of trying to extort $200,000 from billionaire Ron Burkle in exchange for positive coverage, says he was set up by the businessman and is being smeared.

 

http://news.findlaw.com/ap/o/632/04-10-2006/30a10016 74f242eb.html

 

 

MACHINISTS OK 3-YR. DEAL WITH LOCKHEED

Associated Press

 

Union workers at Lockheed Martin Aeronautics Co. accepted a new contract with higher wages and a limited increase in employee contributions to health care costs.

 

http://news.findlaw.com/ap/f/66/04-10-2006/d68d000cf1 c9e5ac.html

 

 

UNIONS WIELD MORE INFLUENCE IN BANKRUPTCY

Associated Press

 

Bankrupt companies hold a big stick in how their reorganization turns out. They can cancel contracts, eliminate stock options and wipe away debt. But increasingly, labor unions, especially in recent airline bankruptcies, are trying to show they have muscle, too.

 

http://news.findlaw.com/ap/f/66/04-07-2006/5368004c6d 7abbe5.html

 

 

JUDGE DENIES GM REQUEST TO DISMISS LAWSUIT

Associated Press

 

A federal judge denied a motion by General Motors Corp. to dismiss a lawsuit that claims company officials who oversee employees' retirement funds failed to act responsibly, attorneys for the plaintiffs said Friday.

 

http://news.findlaw.com/ap/f/66/04-07-2006/0ea2000b1d 87056b.html

 

Read The Opinion And Order

http://rd.findlaw.com/scripts/nl.pl?url=11446524000_nl

 

 

CLERK ACCUSES PORTLAND POLICE CHIEF OF SEXUAL MISCONDUCT

Associated Press

 

A police desk clerk is threatening to sue the city, alleging Portland's police chief coerced her into a sexual relationship, then demanded she keep the affair secret or face dismissal.

 

http://news.findlaw.com/ap/o/51/04-06-2006/75be000a4e 0396f5.html

 

 

MANY BLACKS CONCERNED THAT LEGALIZING UNDOCUMENTED IMMIGRANTS WOULD HURT LOW-WAGE WORKERS

Associated Press

 

The men stood just a few hundred yards (meters) away from each other in the busy hardware store parking lot, but their lives were far apart.

 

http://news.findlaw.com/ap/o/51/04-06-2006/0eae0030f3 2d698f.html

 

 

NORTHWEST MECHANICS DENIED UNEMPLOYMENT

Associated Press

 

Striking mechanics at Northwest Airlines are ineligible for unemployment benefits because their strike is still active, a Minnesota judge ruled Wednesday.

 

http://news.findlaw.com/ap/f/66/04-06-2006/ee9b000abe eef6a0.html

 

Learn About Unemployment Insurance

http://rd.findlaw.com/scripts/nl.pl?url=11446524001_nl

 

 

CASE SUMMARIES:

SCHEERER V. POTTER

7th Circuit, Case No. 05-2338

 

Summary judgment for the defendant, United States Postal Service, in a suit alleging failure to reasonably accommodate a disability is affirmed where the plaintiff failed to present enough evidence to create an issue of material fact over whether he suffered substantial limitation in major life activities.

 

http://caselaw.lp.findlaw.com/data2/circs/7th/052338p.pdf

 

 

COTTRILL V. MFA, INC.

8th Circuit, Case No. 05-1748

 

Summary judgment to defendant-employer in a suit alleging sex discrimination in violation of Title VII arising from a supervisor's use of a bathroom peephole is affirmed where the district court did not err in dismissing disparate treatment claims for failure to exhaust administrative remedies, and plaintiffs failed to establish their prima facie claims of hostile work environment.

 

http://caselaw.lp.findlaw.com/data2/circs/8th/051748p.pdf

 

 

IN RE: JAMES

DC Circuit, Case No. 05-5132

 

An appeal brought pursuant to Rule 23(f) of the Federal Rules of Civil Procedure from denial of class certification in an employment discrimination case against a federal agency is dismissed where the district court denied class certification because it believed petitioners failed to comply with requirements imposed by Title VII, and not Rule 23.

 

http://caselaw.lp.findlaw.com/data2/circs/dc/055132a.pdf

 

 

BEARDEN V. U.S. BORAX, INC.

Calif. Ct. of Appeal, Case No. B182625

 

Dismissal of miners' suit for a statutory second meal break is reversed and remanded where: 1) an Industrial Welfare Commission order conflicts with the statute and is invalid; 2) the issue of arbitration requires litigation upon remand; and 3) the IWC and plaintiffs' union are not indispensable parties to the litigation.

 

http://caselaw.lp.findlaw.com/data2/californiasta tecases/B182625.doc

 

 

CARDONA-MARTINEZ V. RODRIGUEZ-QUINONES

1st Circuit, Case No. 04-1494

 

Judgment as a matter of law for defendants in a political discrimination action under 42 U.S.C. 1983 is affirmed where the plaintiffs could not prove unlawful political discrimination because the positions from which they were removed were political positions.

 

http://laws.lp.findlaw.com/1st/041494.html

 

 

OPW FUELING COMPONENTS V. NAT'L LABOR RELATIONS BD.

6th Circuit, Case No. 04-2563

 

Petition for review of an order of the National Labor Relations Board determining that petitioner-employer's discharge of a former employee was in violation of the National Labor Relations Act is affirmed where: 1) the employee's conduct was a "protected activity" under the Act; 2) petitioner terminated him on the basis of an improper motivation; and 3) union was threatened by petitioner during a meeting.

 

http://caselaw.lp.findlaw.com/data2/circs/6th/042563p.pdf

 

 

CIOFFI V. AVERILL PARK BD. OF ED.

2nd Circuit, Case No. 04-5593

 

Grant of summary judgment in favor of school district, school board, and municipal defendants is reversed because plaintiff athletic director has shown sufficient factual issues regarding whether defendants abolished his position in retaliation for protected speech he made regarding a high school football hazing incident.

 

http://caselaw.lp.findlaw.com/data2/circs/2nd/045593p.pdf

 

 

VELEZ V. CITY OF CHICAGO

7th Circuit, Case No. 05-3298

 

Summary judgment for defendant, a municipal organization, in a suit based on a hostile work environment and national origin employment discrimination is affirmed where plaintiffs offered insufficient evidence that the city had knowledge of the hostile environment or discriminated against them either directly or indirectly.

 

http://caselaw.lp.findlaw.com/data2/circs/7th/053298p.pdf

 

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