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  • Article

    Third Circuit Allows Termination Of Expired CBA Obligations

    By way of background, Trump Entertainment employs 1,467 unionized workers in the Trump Taj Mahal casino in Atlantic City, New Jersey, most of whom are represented by UNITE HERE Local 54.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    California Court Of Appeal Holds That A CBA Arbitration Provision Does Not Cover Statutory Wage And Hour Claims When Not Explicitly Stated

    California and federal case law has established that a collective bargaining agreement (CBA) may necessitate arbitration of a statutory claim if, in an explicit waiver, it is clear and unmistakable...
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Calling All Members Of The Class Action Bar: CBA Task Force Seeks Comments On Canadian Judicial Protocol For The Management Of Multijurisdictional Class Actions

    Relying on existing provisions in the various provincial class proceedings statutes, the draft Judicial Protocol seeks to establish a system which would allow courts in different provinces to work together to coordinate competing class actions as they move toward a hearing or settlement.
    CanadaLitigation, Mediation & Arbitration
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    CBA’s Anti-Corruption Team Recommends Policy Changes To PWGSC

    Items addressed in the letter include due process and transparency, unified integrity measures, debarment, government leniency programs, and equitable application of rule of law, among other recommendations.
    CanadaCriminal Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Third Circuit Court Of Appeals Permits Chapter 11 Debtor To Reject Expired CBA

    It is a familiar scenario: a company is on the verge of bankruptcy, bound by the terms of a collective bargaining agreement (CBA), and unable to negotiate a new agreement.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    The Lack Of A Definition For Full-Time Employees In CBA Spells Trouble For Hospital

    A Michigan district court recently granted a union's summary judgment motion to enforce an arbitrator's decision that struck down the hospital's new method of scheduling nurses' shifts.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Provisions Of Collective Bargaining Agreements After A Transfer Of Business

    If employees are transferred to a new employer within the scope of a transfer of business, the latter assumes all the rights and obligations of the employment relationships existing at the time of the transfer.
    GermanyEmployment and HR
    Jones Day
    Jones Day
  • Article

    Bid Credits Intended To Stimulate Local Coordination And Development In Upcoming California Lease Auction Add New Wrinkle To Bid Strategies

    In addition, bidders can receive up to an incremental 10% in bid credits relating to the bidders' entrance into CBAs.
    United StatesEnergy and Natural Resources
    Sheppard
    Sheppard
  • Article

    ABA/CBA Teleconference Materials

    ABA/CBA Teleconference Materials.
    CanadaAntitrust/Competition Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Fully Appreciating Ontario’s New Summary Judgment Rule

    In December 2011, the Court of Appeal for Ontario provided much-needed clarification on the scope and purpose of Ontario’s new summary judgment rule (Combined Air Mechanical Services Inc. v Flesch, 2011 ONCA 764).
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Podcast

    From EPA To Industry: Lessons Learned That Revolutionize Food And Chemical Safety — A Conversation With Susanna W. Blair, Ph.D. (Podcast)

    Dr. Susanna W. Blair, Senior Director of Regulatory and Technical Affairs for the Consumer Brands Association, discusses the organization's mission to represent consumer-packaged goods companies and their regulatory priorities. The conversation explores how Make America Healthy Again advocacy has influenced the industry, the Association's work on the Generally Recognized as Safe framework, and key policy initiatives affecting food and beverage ingredients.
    United StatesConsumer Protection
    Bergeson & Campbell
    Bergeson & Campbell
  • Article

    CBA Estates & Probate Section Open Meeting

    In addition to serving as an ACTEC Regent and a member of its Executive Committee, Gallant serves on the CBA's Standing Committee on Professional Ethics.
    United StatesFamily and Matrimonial
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Nurses' Union Committed Unfair Labor Practice by Unilaterally Adding Weingarten Rights Language To Cover Of CBA

    It is a common practice in labor relations for the union to bear the responsibility of printing the final collective bargaining agreement, which is then distributed to all bargaining unit employees.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    No Preemption Where Labor Code Doesn't Require Consulting A CBA

    The trial court denied the Giants' motion to compel arbitration, holding that the Labor Code claims were not preempted by the LMRA.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    The FLSA and Your CBA: 3rd Circuit Finds Claims Were Not Subject to Dispute Resolution Provisions

    In Jones v. SCO Silver Care Operations LLC, No. 16-1101 (May 18, 2017), the Third Circuit Court of Appeals addressed whether several certified nursing assistant plaintiffs were entitled to pursue their claims for violations of the Fair Labor Standards Act
    United StatesEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    Chevron Intervention: What Is The "Public Interest"?

    The Canadian Bar Association has been engaged in a fierce internal debate over the Association’s decision, now revoked, to intervene in Chevron’s appeal to the Supreme Court.
    CanadaEnvironment
    Siskinds LLP
    Siskinds LLP
  • Article

    A Rising Climate Of Shareholder Intervention - Lessons From ACCR v CBA

    The relationship between shareholders and directors can often be troubled, particularly where there is disagreement on the management and performance of a company.
    AustraliaCorporate/Commercial Law
    Clyde & Co
    Clyde & Co
  • Article

    Inside The WNBA’s Historic CBA: Revenue Sharing, Rising Salaries And Expanded Benefits

    On March 20, 2026, the Women’s National Basketball Association (“WNBA”) announced it had reached a tentative agreement with the Women’s National Basketball Players Association (“WNBPA”)...
    CanadaEmployment and HR
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    7th Circuit Issues Ruling That Waiver Of Statutory Rights Under FLSA In Collective Bargaining Agreement Must Be Clear And Unmistakable

    On May 15, 2017, the Seventh Circuit issued its ruling in Vega v. New Forest Home Cemetery...
    United StatesEmployment and HR
    Sheppard
    Sheppard
  • Article

    Sixth Circuit Finds CBA Provision Requiring Union To Indemnify Employer For Withdrawal Liability Does Not Violate Public Policy Under ERISA

    The Sixth Circuit Court of Appeals recently held that a collective bargaining agreement (CBA) provision, which obligated a union to indemnify an employer for withdrawal liability did not violate public policy under the Employee Retirement Income Security Act of 1974
    United StatesEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart

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