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Articles by Frederick Braid
U.S. Supreme Court Holds That Employers Can Sue Unions For Damage-Causing Unprotected Strikes
Highlights Strikes involve concerted activity and, therefore, are arguably covered by the National Labor Relations Act (NLRA), which under the Garmon Doctrine usually prevents disputes concerning strikes from being litigated in state courts. However, a recent decision by the U.S. Supreme Court clarifies that when strikers fail to take "reasonable precautions" to protect their employer's property from foreseeable danger precipitated by a strike, the employer may be able to sue the union in court.
U.S. Supreme Court Holds That Employers Can Sue Unions for Damage-Causing Unprotected Strikes | JD Supra
In Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local 174, No. 21-1449 (sl. op.), the U.S. Supreme Court revisited Garmon preemption. The Court reviewed the Washington state Supreme Court's dismissal of a tort claim brought against a Teamsters union by an employer for property damage suffered as a result of a strike by its truck drivers.
U.S. Supreme Court Holds That Employers Can Sue Unions for Damage-Causing Unprotected Strikes
Highlights Strikes involve concerted activity and, therefore, are arguably covered by the National Labor Relations Act (NLRA), which under the Garmon Doctrine usually prevents disputes concerning strikes from being litigated in state courts. However, a recent decision by the U.S. Supreme Court clarifies that when strikers fail to take "reasonable precautions" to protect their employer's property from foreseeable danger precipitated by a strike, the employer may be able to sue the union in court.
U.S. Supreme Court Stays OSHA Vaccine Mandate, But Allows Enforcement of CMS Vaccine Mandate | JD Supra
The U.S. Supreme Court today reached split decisions on the so-called vaccination mandates issued, respectively, by the Occupational Safety and Health Administration (OSHA) and the Centers for Medicare & Medicaid Services (CMS). The Court allowed the CMS vaccination mandate to go into effect by staying injunctions preventing its enforcement pending disposition of the government's appeals or any petitions for writ of certiorari.
U.S. Supreme Court Weighs Arguments on OSHA and CMS Mandates | JD Supra
The U.S. Supreme Court today heard oral argument on applications to stay both the Occupational Safety and Health Administration (OSHA) and Centers for Medicare & Medicaid Services (CMS) vaccine mandates. As in prior cases involving the so-called "major questions doctrine," Justices Elena Kagan, Stephen Breyer and Sonia Sotomayor favored the federal government's position. Justices Clarence Thomas, Neil Gorsuch and Samuel Alito appeared to favor the petitioners' position.
Supreme Court to Take Shot at Healthcare and OSHA Vaccine Mandates | JD Supra
The litigation over federal vaccine mandates has encountered its latest dramatic twist. The U.S. Supreme Court will hear oral argument on Jan. 7, 2022, on whether to stay lower-court decisions on the Occupational Health and Safety Administration Emergency Temporary Standard (OSHA ETS) and the Centers for Medicare & Medicaid Services (CMS) healthcare vaccine mandate.
OSHA's Emergency Temporary Standard On COVID-19 Vaccination Or Testing Is Back On (For Now)
United States: OSHA's Emergency Temporary Standard On COVID-19 Vaccination Or Testing Is Back On (For Now) 24 December 2021 by Meghan McCaig , Gina Fonte , Howard Sokol and Frederick Braid Holland & Knight Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Highlights On Dec.
OSHA's Emergency Temporary Standard on COVID-19 Vaccination or Testing Is Back On (for Now) | JD Supra
OSHA published an ETS on Nov. 5, 2021, that applies to employers in all workplaces that are under OSHA's authority and jurisdiction that have more than 100 employees companywide. The ETS requires, with certain exceptions, that covered employees either 1) be fully vaccinated against COVID-19, or 2) wear face coverings and submit weekly COVID-19 test results to the employer.
What Happens Next
To print this article, all you need is to be registered or login on Mondaq.com. Highlights The U.S. Court of Appeals for the Sixth Circuit has been selected in a random draw to hear the many consolidated challenges to the recent COVID-19 emergency temporary standard (ETS) issued by the Occupational Safety and Health Administration (OSHA). The Sixth Circuit's decision will be applied across the United States.
Fifth Circuit Extends Stay Of OSHA's Emergency Temporary Standard On COVID-19 Vaccination
United States: Fifth Circuit Extends Stay Of OSHA's Emergency Temporary Standard On COVID-19 Vaccination 18 November 2021 by Frederick D. Braid , Gina Fonte , Meghan McCaig and Howard Sokol Holland & Knight Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Highlights > On Nov.
Fifth Circuit Extends Stay of OSHA's Emergency Temporary Standard on COVID-19 Vaccination | JD Supra
OSHA published an ETS on Nov. 5, 2021, that applies to employers in all workplaces that are under OSHA's authority and jurisdiction that have more than 100 employees firmwide or companywide. The ETS requires, with certain exceptions, that covered employees either 1) be fully vaccinated against COVID-19, or 2) wear face coverings and submit weekly COVID-19 test results to the employer.
Fifth Circuit Stays OSHA's Emergency Temporary Standard on COVID-19 Vaccination and Testing | JD Supra
On Nov. 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily stayed the Occupational Safety and Health Administration's (OSHA) emergency temporary standard (ETS) on COVID-19 vaccination and testing. The Fifth Circuit (Louisiana, Mississippi and Texas) issued the stay just one day after the ETS's effective date. As explained in Holland & Knight's alert on Nov.
Second Circuit Approves National Labor Relations Board Contract Coverage Test | JD Supra
In International Brotherhood of Electrical Workers, Local Union 43 v. National Labor Relations Board, the U.S. Court of Appeals for the Second Circuit became the first court to explicitly approve the National Labor Relations Board's (NLRB) adoption of the "contract coverage test" for assessing when a party to a collective bargaining agreement has waived its right to bargain over a subject matter arguably covered by the agreement.
Politics in the Workplace: Preserving Employee Productivity and Harmony During Election Season | JD Supra
Highlights As the late stages of the current election cycle near, some employers are faced with questions regarding how to avoid losing productivity, attention to customer service and worker focus as employees may spend work hours discussing or debating election issues. Private employers can be aided in addressing these issues by recognizing that two commonly held beliefs about "politics in the workplace" are, in fact, simply misconceptions.
Politics In The Workplace: Preserving Employee Productivity And Harmony During Election Season
To print this article, all you need is to be registered or login on Mondaq.com. Highlights As the late stages of the current election cycle near, some employers are faced with questions regarding how to avoid losing productivity, attention to customer service and worker focus as employees may spend work hours discussing or debating election issues.
NLRB Restores Civility to Workplace | JD Supra
Highlights A recent National Labor Relations Board (NLRB) decision adopts the traditional Wright Line standard to replace various standards previously employed in different settings when evaluating disciplinary decisions in situations where employees engage in protected concerted activity accompanied by abusive, insubordinate, profane, racist or other uncivil behavior.
NLRB Restores Civility To Workplace
To print this article, all you need is to be registered or login on Mondaq.com. Highlights A recent National Labor Relations Board (NLRB) decision adopts the traditional Wright Line standard to replace various standards previously employed in different settings when evaluating disciplinary decisions in situations where employees engage in protected concerted activity accompanied by abusive, insubordinate, profane, racist or other uncivil behavior.
NLRB Revises Election Rules Again
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NLRB Restores Employer Property Rights | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
NLRB Proposes Amendments Promoting Employee Free Choice in Representation Matters | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
NLRB Restores Common Law Agency Test for Independent Contractor/Employee Status Under NLRA | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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