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Jurisdiction Unions Employment Litigation

Littler

Puerto Rico Supreme Court: State Courts Lack Jurisdiction Over Labor Cases Governed by the NLRA

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The Supreme Court of Puerto Rico recently issued an important decision limiting the role of Puerto Rico’s courts in labor complaints that involve conduct governed by the National Labor Relations Act (NLRA). In Rodríguez...more

CDF Labor Law LLP

Ninth Circuit Holds Work-Preservation Defense Available in Section 8(b)(4)(D) Jurisdictional Disputes

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Sometimes employers are subject to multiple collective bargaining agreements (CBA’s) that allow different unions to perform the same work for the employer. When this issue arises, the employer cannot resolve the dispute...more

Jackson Lewis P.C.

Puerto Rico High Court Confirms Employers Need to Check NLRA Preemption of Local Employment Law Claims

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The Puerto Rico Supreme Court has reaffirmed that Puerto Rico courts lack subject-matter jurisdiction over employment claims that arguably involve unfair labor practices covered by the National Labor Relations Act (NLRA). ...more

Davis Wright Tremaine LLP

A Ceasefire in the Jurisdictional (Star) Wars: SpaceX and the NLRB Seek Guidance from National Mediation Board

Cosmic shifts are happening in the jurisdictional landscape between the National Labor Relations Act (NLRA) and Railway Labor Act (RLA). These shifts have implications for private employers, as they have different rights and...more

Orrick, Herrington & Sutcliffe LLP

District court asserts jurisdiction over unions’ termination claims

On March 24, U.S. District Court for the Northern District of California entered an order addressing subject matter jurisdiction in a case involving unions and federal employee terminations following President Trump’s...more

Blake, Cassels & Graydon LLP

Ontario : Compétence concurrente à l’égard des plaintes en matière de droits de la personne dans des milieux syndiqués

En octobre 2022, le Tribunal des droits de la personne de l’Ontario (le « Tribunal ») a rendu une décision provisoire dans l’affaire Weilgosh v. London District Catholic School Board (l’« affaire Weilgosh »). Le Tribunal...more

Blake, Cassels & Graydon LLP

Unionized Employees Can Bring Human Rights Claims to Ontario Human Rights Tribunal or Labour Arbitrators

In October 2022, the Ontario Human Rights Tribunal (Tribunal) released its interim decision in Weilgosh v. London District Catholic School Board. The Tribunal held that it has concurrent jurisdiction with labour arbitrators...more

Littler

Ontario, Canada Human Rights Tribunal Finds it Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims...

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The Human Rights Tribunal of Ontario recently held a preliminary hearing to determine whether allegations made under the Human Rights Code (Code) fell within the exclusive jurisdiction of a labour arbitrator, or whether the...more

Stikeman Elliott LLP

Time Out: British Columbia Arbitrator Dismisses Untimely Grievance

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In TC, Local 213 and Wolseley Canada Inc (“Wolseley”), the arbitrator enforced a collective agreement’s time limit clause to dismiss an untimely grievance. This decision is a rare example of an employer successfully enforcing...more

Bennett Jones LLP

Supreme Court Confirms Labour Arbitrators Have Exclusive Jurisdiction Over Human Rights Complaints in Unionized Workplaces

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The Supreme Court of Canada recently confirmed that, subject to express legislative intent to the contrary, where labour legislation provides for the final settlement of disputes arising from a collective agreement, the...more

Littler

Ontario, Canada Court Finds Limitation Period Not Extended When Employee Remains with Employer to Mitigate Damages Following...

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In Scott v. Community Living Temiskaming South, 2021 ONSC 5402 (Community Living), the court dismissed an employee’s claim for wrongful dismissal from his unionized position on the ground that it lacked jurisdiction to hear...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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