Tag Archives: “Unionized employees”

Bankruptcy Court Dismisses Class Action DFR Complaint Involving Airline Merger

By Greg Mersol on June 12, 2014 Posted in Uncategorized

One deliberately ironic facet of the 2004 film Howard Hughes bio-pic The Aviator (the one with Leonardo DiCaprio) is the fact that the airlines fighting for world dominance in the 1940s were Howard Hughes’ TWA and Juan Trippe’s Pan Am. By the time of the movie, of course, both famous airlines were gone. Pan Am’s … Continue Reading

Sixth Circuit Permits “Reasonable” Changes To Welfare Benefits Under Yard-Man

By Greg Mersol on September 17, 2012 Posted in ERISA

In 46 states within the U.S., a collective bargaining agreement, and the obligations it contains, expires on its expiration date. Thus, the parties must come to agreement as to the new terms at relatively regular intervals, taking into account market forces, changes in their relative bargaining positions, and their respective interests. However, in 1983, the … Continue Reading

Court Addresses Class Action Discrimination Claims Against Union

By Greg Mersol on December 17, 2010 Posted in Class Certification

Discrimination litigation against unions can present unusual issues. Unions exist for employees to present a unified front in bargaining with their employer. Indeed, the very name “union” suggests that they are intended to behave as a single unit, the exclusive bargaining representative with the employer on the employees’ behalf. The idea of such unity leaves … Continue Reading

Court Finds That Labor Contracts Preempt State Law Wage and Hour Claim

By Greg Mersol on November 11, 2010 Posted in Donning and Doffing, FLSA

Donning and doffing claims? Two unions? Two contracts? State law wage and hour claims? Preemption? Removal jurisdiction? Many of the thorniest wage and hour issues have made their way into a single case. In Curry v. Kraft Foods Global.pdf (N.D. Ill. Oct. 25, 2010), the court had to resolve all of these issues in a … Continue Reading