After months of negotiations with labor unions, the company asked the court for permission to cancel its existing labor contracts.
Separately, in California, a court case regarding one labor regulation has the potential to trigger a seismic event among employers.
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Delphi is in bankruptcy, and if there's no deal with its unions on wage and benefit concessions, the CEO of the company, Steve Miller, has threatened to ask the court to void the current labor agreement.
If there is an evidentiary hearing, which I suspect there will be, the issues would probably include first whether the court has jurisdiction of the labor dispute (as opposed to the National Labor Relations Board) and then most insightfully, whether the players really do have a substantial chance of success on the merits.
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As early as next week, the court could rule whether a federal labor law pre-empts California's prohibition against employers using state money to deter union organizing campaigns.
First, Boies argued that the Court should defer to the National Labor Relations Board ( NLRB ), since the NFL has an unfair labor practice claim against the NFLPA pending there.
As the serial bankruptcies in the airline industry have shown, court-supervised reorganization is often just labor negotiation by other means.
After multiple trips through bankruptcy court, abrogation and renegotiating for favorable labor contracts, and subsequent mergers, the major airlines are in their strongest position in history.
While Big Labor waged an unrelenting campaign to overturn the law in court and to recall Mr. Walker and Wisconsin legislators, there has been little serious discussion of a similar effort against Governor Rick Snyder in Michigan.
The Supreme Court in 2010 made clear that the five-seat labor board requires a quorum of at least three members to issue case rulings.
It remained a part of the settlement, though, and as a result, the U.S. District Court in Minnesota has continued to hear the subsequent NFL labor disputes.
The U.S. Court of Appeals for the Eighth Circuit was just one appeals court to issue a terse order this week remanding a labor case to the NLRB, although dozens more are expected to follow.
Carney insisted the court's ruling affects only a single case before the labor board and would have no bearing on Cordray's appointment.
In his opinion, for example, Roberts cites another confusing case from the 1920s where the Supreme Court first determined that a tax on factories that employed child labor was a tax for purposes of the Anti-Injunction Act.
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Americans for Prosperity and their supporters as well as labor unions and their allies are taking advantage of the 2010 landmark Supreme Court campaign finance ruling that found the "government may not suppress political speech on the basis of the speaker's corporate identity, " freeing up corporations and unions to use their vast resources to have a say in elections.
Nadler is a partner at Reed Smith LLP who represents employers at all stages of both traditional labor relations and employment law matters, including cases in federal and state court, arbitration, and mediation, as well as matters before the Equal Employment Opportunity Commission, the Pennsylvania Human Relations Commission, the National Labor Relations Board, and various other federal and state agencies.
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Still, says Wright, who helped craft USERRA when he was working with the Labor Department, an employer may well be asked to justify a layoff decision in court.
Like the more conventional super PACs, the lesser-known ones ballooned after the Supreme Court's decision in the Citizens United case, which allowed companies and labor unions to use their own funds to pay for campaign commercials.
Citizens United was about whether people organized into corporations or labor unions could buy television ads and express their opinions during political campaigns, and the Supreme Court said yes.
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The FEC is scheduled to figure out how best to implement a highly controversial Supreme Court ruling from earlier this year that seemingly makes it easier for businesses and organized labor to influence the public through "issue" ads--which don't focus on a specific candidate--in the days before an election.
For instance: Plaintiffs in a Florida federal court allege that Fresh Del Monte Produce hired security forces in Guatemala that tortured and kidnapped labor organizers.
In a court filing this week, prosecutors accused Brown of not completing the 180 days of community labor ordered when he pleaded guilty to the felony assault charge.
The pop star sat behind Brown in court Wednesday while a prosecutor asked a judge to order the singer to restart the community labor that is his punishment for the felony assault conviction.
The Justice Department had gone to court after a five-member commission majority led by Chairwoman Mary Frances Berry refused to seat Cleveland labor lawyer Peter Kirsanow, a prominent conservative African-American.
In fact, the league has had such little success in court that a primary goal for them during the standoff is to remove federal judicial oversight from the labor process, a burden the other major sports leagues in the U.S. don't have to endure.
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