Search for: "In Matter of Johnson*"
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1 Sep 2015, 5:59 am
Under settled Board law dues checkoff is a matter related to wages, hours, and other terms and conditions of employment within the meaning of Section 8(a)(5) and (d) and is therefore a mandatory subject of bargaining. [read post]
31 Aug 2015, 10:50 am
And here’s a link to my sixth post, where I discuss various other inherent judicial powers, including the power to make common law in subject-matter “enclaves” like admiralty or foreign affairs, craft defenses, and design remedies. [read post]
30 Aug 2015, 9:30 pm
Endo announced that “[l]oyalty is a matter of the heart and mind, not of race, creed, or color,” and it invalidated continued detention of Japanese internees in relocation camps on the somewhat aggressive ground that Congress could not be assumed to authorize “discriminatory action . . . taken against these people wholly on account of their ancestry. [read post]
30 Aug 2015, 6:27 pm
Under the new standard, the Board may find that two or more statutory employers are joint employers of the same statutory employees if they “share or codetermine those matters governing the essential terms and conditions of employment. [read post]
30 Aug 2015, 11:32 am
As the Circuit court saw the matter: “[T]his approach is not the stuff of science. [read post]
28 Aug 2015, 9:36 am
Johnson, 491 U.S. 397, 404-405 (1989), and holding a St. [read post]
27 Aug 2015, 8:07 pm
… The NLRB is seeking to end that situation by holding that both companies responsible as joint employers, because they “share or co-determine those matters governing the essential terms and conditions of employment. [read post]
27 Aug 2015, 11:56 am
Proceedings against MVAIC: Subdivisions (c) and (d) of Section 5218 It is noted that there is no language in this subdivision, or for that matter anywhere in section 5218, which expressly precludes an action against MVAIC unless such a judgment is first obtained in a proceeding against the suspect tortfeasor. [read post]
27 Aug 2015, 6:56 am
Proceedings against MVAIC: Subdivisions (c) and (d) of Section 5218 It is noted that there is no language in this subdivision, or for that matter anywhere in section 5218, which expressly precludes an action against MVAIC unless such a judgment is first obtained in a proceeding against the suspect tortfeasor. [read post]
27 Aug 2015, 5:47 am
Success is dependent upon visibility within the organization – relationships matter, and it’s important to meet with stakeholders often (and hopefully in-person) in order to give reports and updates on what the library is achieving. [read post]
24 Aug 2015, 6:49 pm
It noted that the proper pleading standard for FLSA claims was a matter of first impression after Iqbal and Twombly, and that circuits which had considered the issue had arrived at somewhat variable conclusions. [read post]
24 Aug 2015, 9:00 am
But that procedural matter struck me as a bit too inside-baseball to blog about, especially since I knew that this brief was forthcoming. [read post]
20 Aug 2015, 8:21 pm
While conducting the study, these researchers found avocados are loaded with a variety of antioxidants, including familiar disease fighting compounds such as lutein, beta carotene, and vitamin E5 Cities That Will Be Wiped Off the MapNo matter how technologically advanced humans become, we’ll always spend a good portion of our time pathetically flailing at nature and the various disasters it attempts to grind us down withI learned this lesson the hard way in a political science class… [read post]
20 Aug 2015, 12:55 pm
CJLF is not a partisan organization, although it's obvious it more frequently sides with Republicans than Democrats, particularly on matters of judicial selection. [read post]
20 Aug 2015, 8:37 am
As an initial matter, the appeals court found that the deadline for contacting an EEO counselor is not jurisdictional; thus, the employee’s failure to comply with that deadline was waived where the Coast Guard never raised the 45-day time limit during the administrative proceedings. [read post]
19 Aug 2015, 11:36 am
” To prevail on a motion for summary judgment, a defendant must demonstrate that no genuine dispute as to any material fact exists and the right to a defense judgment is appropriate as a matter of law. [read post]
17 Aug 2015, 7:51 pm
Vercammen, does hereby object to the entry of proffered laboratory certificate as evidence at the time of trial in this matter, pursuant to Bullcoming v New Mexico 131 S. [read post]
17 Aug 2015, 2:29 am
As it transpired, even where the parties were in agreement, the panel took a different view on some matters. [read post]
13 Aug 2015, 10:56 am
Biogen Idec, Inc. is a case involving a brand-name pharmaceutical product which held that design defect claims against drug manufacturers are preempted as a matter of law. [read post]
10 Aug 2015, 2:11 pm
NOT THE LAST WORD ON THE MATTER Because the appeal resulted in the reversal of a summary judgment in favor of the lawfirm defendants, the case will go back to the trial court for further litigation in light of the appellate court's resolution of the legal issues raised at the summary judgment stage. [read post]
