California Employment Law Update

Category Archives: Union Issues

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Union’s Anti-SLAPP Motion Was Properly Denied

Rivero v. AFSCME, AFL-CIO, 105 Cal. App. 4th 913 (2003) David Rivero was a supervisor of janitors at the International House at UC Berkeley before his employment was terminated when he refused to accept a demotion to dishwasher and pot scrubber in the International House’s kitchen. Rivero sued his union, the AFSCME, for libel, slander … Continue Reading

Garment Workers Failed To Establish Union’s Intentional Infliction of Emotional Distress

Simo v. UNITE-SW, 322 F.3d 602 (9th Cir. 2003) Twenty-five garment workers brought suit against their union and its officials after the union allegedly engaged in secondary pressure to remove work from their factory. Among other things, the workers alleged that the union had intentionally inflicted emotional distress upon them. The Ninth Circuit affirmed summary … Continue Reading

Employer May Have Violated Federal Law By Accessing Employee’s Secure Website

Konop v. Hawaiian Airlines, Inc., 302 F.3d 868 (9th Cir. 2002) Robert Konop, a pilot for Hawaiian Airlines, created and maintained a website on which he posted bulletins critical of the airline and the incumbent union, the Air Line Pilots Association. Konop controlled access to his website by requiring visitors to log in with a … Continue Reading

Undocumented Alien Is Not Entitled To Backpay Award Under NLRA

Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002) The employer in this case, Hoffman Plastic Compounds, Inc., was found to have violated Section 8(a)(3) of the National Labor Relations Act (NLRA) when it selected four known union supporters for layoff. During a compliance hearing before an Administrative Law Judge (ALJ), one of the … Continue Reading
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