HR Legal Cases Flashcards
UGL-UNICCO Service Company
NLRB re-established the successor bar doctrine, allowing unions a window of six months to one year of presumed majority support after the transfer of ownership of a business
Specialty Healthcare and Rehabilitation Center of Mobile
NLRB indicated that, in non-acute health-care facilities, it will certify smaller units for bargaining unless the employer provides overwhelming proof of a community of interest.
Kepas v. Ebay
Supreme Court refused to review a lower court decision that held in an employment case that a cost provision was severable from the balance of an arbitration agreement. The cost provision was unenforceable, but the agreement to arbitrate was enforceable.
AT&T Mobility v. Concepcion
Supreme Court ruled that some state statutes restricting the enforceability of arbitration agreements in a commercial context may be preempted by the Federal Arbitration Act
Staub v. Proctor
Supreme Court applied the “cat’s paw” principle to a wrongful discharge case, finding that an employer was culpable because the HR manager did not adequately investigate supervisors’ charges against the fired employee
KenMor Electric Co., Inc.
NLRB ruled that a system developed and operated by an association of electrical contractors violated the NLRA because it discriminated against individuals who were salts. The board held that an individual’s right to be a salt is protected under the NLRA.
Ricci v. DeStefano
Supreme Court held that employers may violate Title VII when they engage in race-conscious decision making to address adverse impact—unless they can demonstrate a “strong basis in evidence” that, had they not taken the action, they would have been liable under a disparate impact theory.
Kennedy v. Plan Administrators for Dupont Savings
Supreme Court ruling that awarded retirement benefits to an ex-spouse even though she had agreed to disclaim such benefits, because retiree had never changed beneficiary designation on retirement plan; points out the need for retirement plan administrators to pay attention to divorce decrees and qualified domestic relations orders.
Kennedy v. Plan Administrators for Dupont Savings
Supreme Court ruling that awarded retirement benefits to an ex-spouse even though she had agreed to disclaim such benefits, because retiree had never changed beneficiary designation on retirement plan; points out the need for retirement plan administrators to pay attention to divorce decrees and qualified domestic relations orders.
LaRue v. DeWolff
An application of the ERISA prudent person rule. Authorized recovery of lost plan assets in a participant’s individual account. Opens employers and plan administrators to suits by participants in defined contribution retirement programs when actions constitute a breach of fiduciary duty.
Erie County Retirees Association v. County of Erie
Decision upheld by Supreme Court that declared that if an employer provides retiree health benefits, the health insurance benefits received by Medicare-eligible retirees be the same—or cost the same—as the health insurance benefits received by younger retirees.
Syracuse University
NLRB found that an employee grievance panel did not violate the NLRA because the purpose of the panel was not to deal with management but to improve group decisions.
Dana Corporation/ Metaldyne Corporation
NLRB ruling that a recognition bar, which precludes a decertification election for 12 months after an employer recognizes a union, does not apply when the recognition is voluntary, based on a card check. Overruled in 2011 in Lamons Gasket, which restored the recognition bar for voluntary recognition but revised the prohibited time period from one year to a minimum of six months up to a year.
Oil Capitol Sheet Metal, Inc.
NLRB decision that provides employers relief in salting cases by announcing a new evidentiary standard for determining the period of back pay; requires the union to provide evidence that supports the period of time it claims the salt would have been employed.
Toering Electric Company
NLRB ruling that an applicant for employment must be genuinely interested in seeking to establish an employment relationship with the employer in order to be protected against hiring discrimination based on union affiliation or activity; creates greater obstacles for unions attempting salting campaigns
Ledbetter v. Goodyear Tire & Rubber Co.
Supreme Court decision that held that the 180-day time limit for filing a charge under Title VII of the Civil Rights Act started after the alleged unlawful employment action and did not restart upon receipt of each successive paycheck; overruled by Lilly Ledbetter Fair Pay Act of 2009
Leonel v. American Airlines
Case in which Court of Appeals for the Ninth Circuit held that to issue a “real” employment offer under the ADA, an employer must have completed all nonmedical components of the application process or be able to demonstrate that it could not reasonably have done so before issuing the offer.
IBP, Inc., v. Alvarez
Supreme Court ruling that all time spent donning or doffing unique safety gear is compensable and that the FLSA requires payment of affected employees for all time spent walking between changing and production areas.
Smith v. Jackson, Mississippi
Supreme Court held that, like Title VII, the ADEA authorizes recovery on a disparate impact theory.
Pennsylvania State Police v. Suders
Supreme Court held that in the absence of a tangible employment action, the Ellerth/Faragher affirmative defense is available in a constructive discharge claim to an employer whose supervisors are charged with harassment.
