$3 million dollar settlement obtained in action under ERISA and Section 301 of the Labor Management Relations Act for class of retirees whose retiree welfare beneﬁts were terminated despite continuation language in a series of collective bargaining agreements.
$415,000.00 settlement obtained in class action lawsuit involving ERISA information requests and service calculation issues for a class of former employees.
Public Employee Retirement and Disability
State ex rel. Bertaux v. State Teachers Retirement Sys. Bd. of Ohio, 2012-Ohio-5900 (Ohio App. 10th Dist. 2012). Teacher, who was receiving disability beneﬁts from the Ohio State Teachers Retirement System (STRS), moved to Florida and received training as a behavior analyst, a position which did not require a teaching license. STRS claimed that her position as a behavior analyst qualiﬁed as that of a “teacher,” so she was obligated to reimburse STRS for disability beneﬁts she received. Court found that the STRS Board failed to support why Bertaux’s employment as a behavior analyst qualiﬁed as duties of a “teacher” under STRS’ interpretation of Ohio Rev. Code §§ 3307.01 and 3307.64.
Private Sector Labor and Employment
Werner v. Ford Motor Co., 482 F. Supp. 3d 666 (S.D. Ohio 2020). Secured summary judgment on behalf of Union because of the Plaintiff’s failure to exhaust internal Union remedies in hybrid breach of contract/breach of duty of fair representation case brought under Section 301 of the Labor Management Relations Act of 1947.
Caterpillar Logistics, Inc. v. NLRB, 835 F.3d 536 (6th Cir. 2016). Decision enforcing NLRB’s finding that the Employer committed multiple unfair labor practices during a Union organizing campaign.
Thomason v. Amalgamated Local No. 863, 627 Fed. Appx. 488 (6th Cir. 2015). Secured summary judgment and handled appeal affirming that judgment in favor of Union on claim brought under Title I of the Labor Management Reporting and Disclosure Act of 1959.
Arp v. Whirlpool Corporation et al., Case No. 3:12 CV 770 (N.D. Ohio Judge Zouhary). Represented a class of Union retirees in an action under the Employee Retirement Income Security Act of 1974 wherein a class settlement was reached that provided compensation for Employer errors in calculating pension service.
Emswiler v. CSX Transp., Inc., 691 F.3d 782 (6th Cir. 2012). Court of Appeals upheld summary judgment in favor of union and employer regarding employee’s claims for breach of the collective bargaining agreement, breach of the duty of fair representation and disability discrimination, because the employee failed to exhaust mandatory arbitral remedies under the Railway Labor Act.
Wooddell v. IBEW Local 71, 502 U.S. 93 (1991). Court determined that Petitioner was entitled to a jury trial for his claims under the Labor Management Reporting and Disclosure Act.
Public Sector Labor and Employment
Neuens v. City of Columbus, 303 F.3d 667 (6th Cir. 2002). District court’s opinion was reversed, vacated, and remanded for further review of police ofﬁcer’s conduct with respect to whether other facts suggested that he acted under color of state law.
State ex rel. Dispatch Printing Co. v. Johnson, 106 Ohio St. 3d 160 (2005). Newspaper sought writ of mandamus to compel state agencies to release home addresses of state employees. Ohio Supreme Court determined that home addresses of state employees are not public records.
Ft. Frye Teachers Assn., OEA/NEA v. State Emp. Relations Bd., 102 Ohio St. 3d 283 (2004). Court of Appeals decided that the Ohio State Employment Relations Board (SERB) and others were collaterally estopped from ﬁnding that the Board of Education did not commit an unfair labor practice (ULP) against the teacher in a suit brought by the union, and that a civil rights claim no-damage award barred any ULP damages by res judicata. The Ohio Supreme Court afﬁrmed the part of the decision that found that the SERB was required to ﬁnd that an ULP occurred, but reversed the part that found that damages were precluded.
Ft. Frye Teachers Assn. v. State Emp. Relations Bd., 81 Ohio St. 3d 392 (1998). Teacher was a staunch supporter of the union’s strike over the terms of a collective bargaining agreement. After the strike was over, the employer school board declined to renew the teacher’s employment contract. The Supreme Court of Ohio agreed with the appellate court that the school board was collaterally estopped by a jury verdict in federal court from relitigating the issue of its motivation in refusing to renew the teacher’s limited teaching contract.
State Emp. Relations Bd. v. Adena Local School Dist. Bd. of Edn., 66 Ohio St. 485 (1993). Court dismissed the petition to compel Board of Police Commissioners of the City of Toledo to turn over books, papers, and documents to city commissioners.
South Community Inc. v. State Emp. Relations Bd., 38 Ohio St. 3d 224 (1988). Appellant State Employment Relations Board (SERB) sought review of an order from the Court of Appeals for Franklin County, Ohio, which, in an action challenging the exclusion of several employees from a collective bargaining election, held that appeals concerning the manner in which an election was held fell within the general language of Ohio Rev. Code § 4117.02(M), and were therefore appealable pursuant to Ohio Rev. Code § 119.12.
Lorain City Board of Education v. State Employment Relations Board, (1988) 40 Ohio St. 3rd 257 (Standard of Review for SERB Decisions);
SERB v. Gallia-Jackson-Vinton JVS District Board of Education, SERB 86-044 (11-13-88), aff’d, Gallia-Jackson-Vinton JVS District Board of Education, 1989 SERB 4-6 (CP, Gallia, 12-30-88) (Prima Facie Case Standard for SERB Discrimination Cases);