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  E-Update

Union Democracy and Worker's Rights

Jump to a topic:

• Deferral to Arbitration
• Due Process
• Elections
• ERISA
• Free Speech
• Libel
• Preemption of State Law Claims
• Statute of Limitations
• Trade Act Training
• Workplace Communications

Deferral to Arbitration

Consolidated Edison Co. of NY and Carmine Prata

• Memorandum in Support of Request That Regional Directors Be Required to Issue Complaint

Deferral to the Intra-Union Appellate Process

• A Response by Paul Levy

Due Process

English v. Cowell, et al.

• Brief for Appellant
• Reply Brief for Appellant

English & Owens v. Siddens, et al.

• Brief for Appellants
• Reply Brief for Appellants  

Georgopoulos & Auriemma v. International Brotherhood of Teamsters

• Brief of the Association for Union Democracy as Amicus Curiae

Wildberger v. American Federation of Government Employees

• Brief for Appellant
• Reply Brief for Appellant

Elections

Cox v. Via, et al.

• Plaintiff's Proposed Findings of Fact and Conclusions of Law
• Memorandum in Support of Plaintiff's Motion for a Preliminary Injunction   
• Plaintiff's Memorandum in Opposition to Motion to Dismiss and in Support of Preliminary Injunction

Chao & Stomper v. Amalgamated Transit Union

The international election of the Amalgamated Transit Union invalidated under Title IV because a rule governing eligibility to run for convention delegate — that members must have attended at least half the local union meetings for a period of up to two years before the nominations — denied 95% of the members from running against the incumbent officers and was not needed to advance legitimate union interests.

• Memorandum Opinion and Order, US District Court for District of Columbia (3/28/2001)

USA v. International Brotherhood of Teamsters, et al.

• Memorandum of Teamsters for a Democratic Union in Substantial Support of the 1995-1996 Election Rules

ERISA

Gable v. Sweetheart Cup Company, Inc.

• Petition for a Writ of Certiorari

Free Speech

Black v. Teamsters Local 519, et al.

• Brief for Donald P. Black
• Reply Brief of Donald Black

Franza v. International Brotherhood of Teamsters

• Brief for Plaintiff-Appellant
• Reply Brief for Plaintiff-Appellant

Guidry v. International Union of Operating Engineers

• Petition for Rehearing

Northwest Airlines, Inc. v. Teamsters Local 2000, et al.

• Memorandum in Support of Motion to Dissolve Temporary Restraining Order Against Individual Defendants Ted Reeve and Kevin Griffin (1/19/2000)
• Memorandum in Support of Appeal of Defendants Griffin and Reeve from Order Requiring Them to Submit to a Search of Their Personal Computer Equipment (3/9/2000)

Quigley v. Giblin

Members of the International Union of Operating Engineers sued their union for adopting a rule requiring union members who create web sites about union election contests to "password protect" the sites so that only members of the union can visit the sites. The members argue that the federal Union Members' Bill of Rights guarantees their right to speak publicly about union affairs, not just to other union members, and that in any event the password protection requirement imposes unjustified limits on speech even to other union members. The suit also contends that a union rule that threatens large fines against members who fail to exhaust intra-union remedies violates the right to sue also guaranteed by the Union Members' Bill of Rights, Title I of the LMRDA.

• Complaint for Declaratory and Injunctive Relief (3/29/2007)

Rumore v. Belk

• Brief of the Association For Union Democracy As Amicus Curiae Supporting Affirmance

Libel

Stone v. Kilmury, et al.

• Defendant TRF's Opposition to Plaintiff's Motion to Compel
• Memorandum in Support of Motion to Dismiss
• Memorandum in Support of Defendants' Motion to Dismiss For Lack of Personal Jurisdiction
• Reply in Support of Dismissal for Lack of Personal Jurisdiction
• Defendants' Opposition to Motion to Dismiss Third Party Complaint
• Motion for Summary Judgment
• Memorandum in Support of Motion for Summary Judgment

Preemption of State Law Claims

Humphrey v. Sequentia, Inc.

• Appellant's Reply Brief

Reece v. Houston Lighting and Power Company

• Petition for a Writ of Certiorari

Spearman v. Exxon Coal, USA, Inc.

• Petition for a Writ of Certiorari
• Reply in Support of Petition for Writ of Certiorari

Stikes v. Chevron USA, Inc.

• Brief for Appellant
• Reply Brief for Appellant
• Appeal for Rehearing En Banc
• Petition for a Writ of Certiorari

Statute of Limitations

Consolidation Coal v. Billy D. Williams

Is the Court of Appeals' finding that it is "inherently unfair" to bar a 2001 claim for black lung benefits filed six years after a medical determination of total disability due to pneumoconiosis contrary to the time limits imposed by Congress?

• Respondent's Brief in Opposition (2/9/2007)

North Star Steel Company v. Thomas, et al.

• Brief for Appellants
• Reply Brief for Appellants
• Brief for Respondents

Reed v. United Transportation Union, et al.

• Brief for the Association for Union Democracy and Public Citizen as Amicus Curiae in Support of Petition 

Trade Act Training

ATF v. DOL

This suit alleged that the U.S. Department of Labor (DOL) systematically violated The Trade Act of 1974 by failing to ensure that Spanish-speaking workers who lost their jobs in the wake of NAFTA received the vocational training to which they were entitled under the Trade Adjustment Assistance program. Although the program was intended to provide effective job retraining to workers who lose their jobs because of trade agreements, the DOL sent thousands of Hispanic trade-dislocated workers to remedial English classes that did not help the workers learn new job skills.

The lawsuit was filed by Public Citizen and Texas RioGrande Legal Aid on behalf of Asociación de Trabajadores Fronterizos (the Association of Border Workers, or ATF). The lawsuit was filed in federal court in DC and transferred to the Western District of Texas. The suit alleged that the DOL violated the law by allowing state agencies that implement the program to: 1) approve incomplete training; 2) renounce Congress’ 80 percent wage replacement objective for all Trade Act training; and 3) ignore the preference for on-the-job training.

After ATF’s motion for summary judgment was briefed and argued, the case was settled. The settlement requires DOL to spend $6.5 million on new job training for El Paso workers who previously received deficient training, and requires nationwide policy changes that will end each of the agency practices that the workers alleged were unlawful.

• Final Order of Dismissal (12/30/2005)
• Plaintiff's Unopposed Motion to Dismiss and Settlement Agreement (12/29/2005)
• Plaintiff's Reply Brief (12/21/2004)
• Statement of Undisputed Facts Supporting Summary Judgment (12/21/2004)
• Memorandum in Support of Motion for Summary Judgment (11/5/2004)
• Plaintiff's Post-Severance Complaint- TX Case (10/26/2004)
• Plaintiff's Original Complaint- TX Case (4/3/2002)
• Plaintiff's Original Complaint- DC Case (6/17/2004)

> Public Citizen Press Release (1/4/2006)
> Public Citizen Press Release (1/17/2004)

Workplace Communications

Held v. American Airlines

• Memorandum in Support of Plaintiffs' Motion for Summary Judgment on Liability
• Reply Memorandum in Support of Individual Plaintiffs' Motion for Summary Judgment
• Individual Plaintiffs' Memorandum in Opposition to American Airlines' Motion for Summary Judgment
• Final Stipulation and Settlement Agreement

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