Advocates for Labor and Progressive Institutions

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United States District Court Strikes Down Parts of Wisconsin Antiunion Statute

March 2012

The U.S. District Court for the Western District of Wisconsin recently ruled on a challenge brought by a coalition of seven unions, for which Bredhoff & Kaiser served as lead counsel. The court struck down on equal protection and First Amendment grounds two important provisions of Wisconsin Act 10, the widely publicized antiunion statute sponsored by Governor Scott Walker in 2011, a requirement for annual recertification by an absolute majority of union members and a prohibition on the voluntary withholding of union dues from a general employee’s paycheck.

Union Members Prevail In Challenge to Denial of Spousal Benefits to Same-Sex Spouses

November, 2011

A Maryland union representing public safety workers achieved victory in an arbitration challenging a county’s refusal to provide benefits to spouses of members who entered into valid, out-of-state marriages. 

Fourth Circuit Affirms Judgment That Volvo Could Not Unilaterally Reduce Retirees’ Health Benefits

July 2011

The Fourth Circuit affirmed the judgment of the U.S. District Court for the Western District of Virginia prohibiting Volvo Group North America, Inc. from unilaterally modifying or terminating the health benefits of over 430 retirees of the New River Valley assembly plant in Dublin, Virginia.

Third Circuit Rules in Favor of Union’s Jurisdictional Arguments

February, 2011

The Third Circuit recently held that a District Court had improperly exercised jurisdiction in a dispute over work assignments that must instead be resolved through arbitration. 

Court of Appeals Ruling on Benefit Plans Favors Union

December 2010

Bredhoff & Kaiser lawyers successfully defended the National Education Association in Daniels-Hall v. NEA, No. 08-35531 (9th Cir. Dec. 20, 2010), a case brought by two public school teachers claiming that the NEA violated ERISA in the selection and monitoring of mutual funds available to participants in a nationwide benefit plan established under Section 403(b) of the Internal Revenue Code.

American Federation of Musicians Negotiates Collective Bargaining Agreement Covering Musicians on the New Conan O’Brien Show

September 2010

In September 2010, Firm lawyers led the negotiations for a new musicians’ collective bargaining agreement covering the band and guest musicians on the new Conan O’Brien Show. Among other terms, the agreement provides enhanced protections and benefits for musicians when their performances are exploited on “new media” platforms.

Fourth Circuit Affirms RICO Dismissal in Pilots’ Dispute

July 30, 2010

Affirming a judgment in favor of former America West Airlines pilots now employed by US Airways following the 2005 merger of the two airlines, the Fourth Circuit held that a lawsuit filed against a number of individual pilots and their advocacy organization by the leadership of the union now representing the pilots of the merged airline failed to state a claim under the Racketeer Influenced and Corrupt Organizations Act (“RICO”).  Bredhoff & Kaiser represented the America West pilots in this litigation, which grew out of disagreement between the former America West and US Airways pilots about principles to be applied in integrating the two airlines’ seniority lists.  US Airline Pilots Ass’n v. AWAPPA, LLC et al., ___ F.3d ___, 2010 WL 2979322 (4th Cir. July 30, 2010).

Second Circuit Rejects Challenges to Agency Fee

June 2010

Largely affirming a judgment entered by the U.S. District Court for the Western District of New York, the Second Circuit held that public-employee unions may lawfully charge objecting nonmembers for expenditures the union incurs in attempting to organize nonunion workplaces that compete with the nonmembers’ public-sector jobs. 

SEIU and SEIU–UHW Achieve Victory in the Northern District of California

April 2010

In two related proceedings in the U.S. District Court for the Northern District of California, one tried to a federal jury and one tried to the Court, the Service Employees International Union (SEIU) and one of SEIU’s largest local unions, SEIU – United Healthcare Workers West (SEIU-UHW), were able to obtain favorable judgments with the help of attorneys from Bredhoff & Kaiser.