Gerard v. Orange Coast Memorial Medical Center

A wage order of the Industrial Welfare Commission permitting health care employees to waive their second meal period break if they work shifts longer than 12 hours does not violate the Labor Code.

Gerard v. Orange Coast Memorial Medical Center - filed Dec. 10, 2018 

Cite as 2018 S.O.S. 5824 

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NLRB Further Extends Time for Submitting Comments on Proposed Joint-Employer Rulemaking

WASHINGTON, D.C. — The National Labor Relations Board is extending the time for submitting comments regarding its proposed rulemaking to address its joint-employer standard for an additional 30 days. The submission window is currently open and interested parties may now file comments on or before Monday, January 14, 2019. Comments replying to the comments submitted during the initial comment period must be received by the Board on or before January 22, 2019. 

Public comments are invited on all aspects of the proposed rule and should be submitted either electronically to www.regulations.gov, or by mail or hand-delivery to Roxanne Rothschild, Acting Executive Secretary, National Labor Relations Board, 1015 Half Street S.E., Washington, D.C. 20570-0001.

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NLRB Issues Strategic Plan for FY 2019 to FY 2022

WASHINGTON, DC — The National Labor Relations Board is issuing its Strategic Plan for fiscal years 2019 through 2022, which is required under the Government Performance and Results Act of 2010. The Strategic Plan contains four mission-related goals to support the vision of NLRB Chairman John Ring and General Counsel Peter Robb.

These four mission-related goals include: (1) achieving a collective 20% increase (5% over each of four years) in timeliness in case processing of unfair labor practice charges, (2) achieving resolution of a greater number of representation cases within 100 days of the filing of an election petition, (3) achieving organizational excellence and productivity, and (4) managing agency resources efficiently and in a manner that instills public trust.

To achieve these stated goals, the Strategic Plan calls for an annual, Agency-wide 5% reduction in case processing time for unfair labor practice charges. This reduction includes not only case handling in the regional offices, but also the time between issuance of an Administrative Law Judge’s decision and a Board Order, and issuance of a Board Order and closure of a case. Over the years, the amount of time it takes for cases to be processed and for resolutions to be reached has increased and backlogs of cases have developed. This initiative has been developed to reverse these trends.

In support of the Strategic Plan, the General Counsel has issued Memorandum GC 19-02, Reducing Case Processing Time, discussing how these goals affect the NLRB’s Divisions of Advice, Legal Counsel, Enforcement Litigation, Operations-Management and the Regional offices.

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employers and employees from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year. The Office of the General Counsel is independent from the Board and is responsible for the investigation and prosecution of unfair labor practice cases, for the conducting of secret ballot elections to determine whether employees desire union representation, for the overall supervision of field offices around the country, and for the general oversight of the Agency’s administrative, financial, personnel and human capital operations.

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GCIU-Employer Retirement Fund v. Quad/Graphics, Inc.

An employer that withdrew from a multiemployer pension plan after its employees voted to decertify a union as their bargaining representative was entitled to a credit for a prior partial withdrawal under 29 U.S.C. Sec. 1386(b) against its complete withdrawal before the calculation of the 20-year limitation on annual payments provided for in 29 U.S.C. Sec. 1399(c)(1)(B).

GCIU-Employer Retirement Fund v. Quad/Graphics, Inc. - filed Dec. 7, 2018 

Cite as 2018 S.O.S. 17-55667 

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Public Employment Relations Board v. Bellflower Unified School District

When it is undisputed that the Public Employment Relations Board followed its procedures prior to issuing a decision, substantial evidence necessarily supports a trial court's finding that the decision was issued pursuant to the board's established procedures. The PERB's general counsel's post-decision actions cannot be raised as a defense to an enforcement action.

Public Employment Relations Board v. Bellflower Unified School District - filed Dec. 4, 2018, Second District, Div. Four
Cite as 2018 S.O.S. 5789

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Acosta v. Brain

An attorney's participation in a Department of Labor investigation of an Employee Retirement Income Security Act trust fund trustee constituted a protected activity for purposes of 29 U.S.C. Sec. 1140. The fact that an individual defendant was not the ultimate decision maker for a retaliatory action does not immunize him under a cat's-paw theory of liability. Pursuant to ERISA Sec. 404 a court must distinguish between actions a fiduciary took in connection with its fiduciary responsibilities to the plan and those that actions taken as an individual or entity acting in its corporate capacity. ERISA Sec. 502(a)(5) does not provide a basis for a permanent injunction where no aspect of the injunction redressed or enforced a violation of ERISA Sec. 510.

Acosta v. Brain - filed Dec. 4, 2018 

Cite as 2018 S.O.S. 16-56529 

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ASARCO, LLC v. United Steel, Paper and Forest

An arbitrator did not exceed his authority in reforming a collective bargaining agreement upon finding that the parties were mutually mistaken as to its terms when they agreed to it, even though the agreement contained a "no-add" provision.

ASARCO, LLC v. United Steel, Paper and Forest - filed Dec. 4, 2018 

Cite as 2018 S.O.S. 16-16363 

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