Advocates for Labor and Progressive Institutions

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NLRB concludes Mondelez unlawfully discharged New Jersey union activists

March 31, 2020

The National Labor Relations Board (“NLRB”) affirmed an administrative law judge’s (“ALJ’s”) determination that Mondelez Global, LLC acted out of anti-union animus in discharging three elected shop stewards of the Bakery, Confectionery, Tobacco Workers & Grain Millers International Union, Local 719, including its president, at the Mondelez plant in Fair Lawn, New Jersey, among other violations of the National Labor Relations Act.

Sixth Circuit joins “chorus” of appellate decisions applying unions’ good-faith defense in post-Janus litigation

March 5, 2020

In a pair of decisions, the United States Court of Appeals for the Sixth Circuit held that public-employee unions that acted in good-faith compliance with then-binding Supreme Court precedent, both in collecting mandatory fair-share fees from nonmembers and in expending those fees on collective bargaining activities benefiting members and nonmembers alike, could not be compelled to refund the fees to nonmembers when the precedent was later overturned.

Second Circuit confirms former employees’ right to a remedy under ERISA, opening the door to substantial financial relief

December 23, 2019

The United States Court of Appeals for the Second Circuit held that plan participants in an unlawful retirement plan were permitted to seek a court order reforming the plan to comply with the federal Employee Retirement Income Security Act (“ERISA”) and granting them the pension benefits they would have received under that reformed plan.

Seventh Circuit recognizes unions’ good-faith defense in post-Janus litigation

November 6, 2019

In a pair of significant rulings, the United States Court of Appeals for the Seventh Circuit held that public-employee unions are shielded from paying damages or restitution for fair-share fees collected from nonmembers before the United States Supreme Court decided that those fair-share fees were unconstitutional in Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018).

Court grants summary judgment to SEIU unions, holding that unions’ corporate social responsibility campaign did not violate RICO

October 28, 2019

The employer tactic of using the federal RICO statute and its treble-damages provisions to chill robust union-sponsored corporate social responsibility campaigns was dealt a major blow when the United States District Court for the District of New Jersey threw out the claims of a chain of nursing homes against SEIU and two of its locals.

First Circuit rejects constitutional challenge to exclusive representation

October 4, 2019

The United States Court of Appeals for the First Circuit affirmed the dismissal of a constitutional challenge to a Maine statute providing that, when a majority of employees within a bargaining unit support union representation, the union serves as the exclusive bargaining representative for all employees within the bargaining unit.

Sixth Circuit rejects lawsuit against autoworkers union

September 12, 2019

The United States Court of Appeals for the Sixth Circuit affirmed the dismissal of a lawsuit alleging that the United Automobile, Aerospace and Agricultural Implement Workers of America violated a collective bargaining agreement.

Unions cannot be liable for the collection of fair-share fees under pre-Janus law

April 2019

A growing chorus of federal district courts have held that unions cannot be held liable for damages for collecting fair-share fees from public employees in accordance with existing state statutes prior to the Supreme Court’s holding that such fee requirements were unconstitutional.

Congratulations to the U.S. Women’s National Team Players’ Association!

July 7, 2019

Congratulations to the members of the U.S. Women’s National Team Players’ Association on their unprecedented fourth World Championship. Go USA!