by
Plaintiff-appellant Patrick Barber's second appeal in this case raised an issue of first impression for the Court of Appeal's review. Upon remand from Barber’s first appeal (Barber I), defendant-respondent, the California State Personnel Board (SPB), awarded Barber a lump sum back pay award, which resulted in Barber incurring increased income tax liability. SPB denied Barber’s motion for recovery for increased tax liability. The trial court upheld SPB’s decision and denied Barber’s petition for writ of mandamus. Barber appealed the denial of his writ petition and motion for increased tax liability recovery, contending he was entitled to recover damages for incurring increased tax liability because his increased tax liability was caused by real party in interest and respondent, California Department of Corrections and Rehabilitation (CDCR) improperly terminating his employment. Barber argued awarding him such relief was consistent with the remedial statutory purpose of Government Code section 19584,2 of making an improperly terminated employee whole by restoring the employee to the financial position he or she would otherwise have occupied had employment not been wrongfully interrupted. The Court of Appeal disagreed, finding Barber was not entitled to increased tax liability recovery under section 19584 or to such recovery as equitable relief, because such relief was not statutorily authorized. View "Barber v. CA State Personnel Bd." on Justia Law

by
The Ninth Circuit affirmed the district court's order compelling arbitration in an action brought by plaintiff, alleging violations of 42 U.S.C. 1981. The panel followed the reasoning in its en banc decision EEOC v. Luce, Forward, Hamilton & Scripps, 345 F.3d 742 (9th Cir. 2003) (en banc), and held that Title VII does not bar compulsory arbitration agreements and section 1981 claims are arbitrable. Therefore, the district court correctly determined that plaintiff's section 1981 claims can be subjected to compulsory arbitration. View "Lambert v. Tesla, Inc." on Justia Law

by
After plaintiff was eliminated as part of a reorganization from his job of nearly 30 years, he filed suit against DC Water, alleging claims under various federal and D.C. civil rights statutes. The DC Circuit affirmed the district court's grant of summary judgment in favor of DC Water, holding that petitioner's Americans with Disabilities Act and DC Human Rights Act claims were time-barred; plaintiff failed to exhaust his administrative remedies prior to bringing his Title VII and Age Discrimination in Employment Act claims; it was within the district court's discretion to conclude that further discovery on plaintiff's only potentially viable claim—the one brought under 42 U.S.C. 1981—was unwarranted, given the lack of detail in plaintiff's Federal Rule of Civil Procedure 56(d) declaration; and summary judgment on plaintiff's section 1981 claim was appropriate given the record before the district court. View "Haynes v. District of Columbia Water and Sewer Authority" on Justia Law

by
The Supreme Court affirmed the district court's grant of summary judgment dismissing this action filed by a public employee union seeking to enforce a collective bargaining agreement entered into with the Iowa Board of Regents, holding that the Public Employment Relations Board (PERB) acted within its statutory authority in promulgating Iowa Admin. Code R. 621-6.5(3), which has the force of law, and that the district court correctly applied rule 621-6.5(3) to hold the parties had no enforceable collective bargaining agreement (CBA) without the Board's vote to ratify it. The Board moved for summary judgment on the union's action to enforce the CBA, relying on rule 621-6.5, which requires the Board to meet to vote to accept a tentative voluntary agreement ratified by the union before the contract becomes effective. The union argued that the agency rule was invalid because it imposed a ratification requirement not included in Iowa Code 20.17(4). The district court upheld the validity of the agency rule and dismissed the union's enforcement action. The Supreme Court affirmed, holding (1) rule 621-6.5(3) is valid; and (2) therefore, no enforceable agreement was reached without the requisite vote by the Board to approve the CBA. View "Service Employees International Union, Local 199 v. State" on Justia Law

by
The Supreme Court affirmed the judgment of the district court interpreting the 2017 amendments to Iowa Code chapter 20, the Public Employment Relations Act, limiting the mandatory subjects of collective bargaining and the matters an arbitrator may consider if the dispute enters binding arbitration, holding that the Iowa Public Employment Relations Board (PERB) and the district court correctly interpreted the amendments. A union sought a declaratory order from PERB and then judicial review of the declaratory order seeking to clarify certain provisions in the amendments. The Supreme Court affirmed the judgment of the district court affirming PERB's decision, holding (1) "base wages" under Iowa Code 20.9(1) means the floor level of pay for each job before upward adjustments such as for job shift or longevity; and (2) the term "past collective bargaining agreement" in the context of Iowa Code 20.22(10)(b)(1) allows an arbitrator to consider the existing collective bargaining agreement but not ones that came before. View "United Electrical, Radio & Machine Workers of America v. Iowa Public Employment Relations Board" on Justia Law

by
The Supreme Court affirmed the district court's judgment against the State enforcing a collective bargaining agreement (CBA) between the State and a public employee union, holding that the district court had subject matter jurisdiction and correctly ruled that the State had not withdrawn its offer before the union's acceptance and ratification resulted in an enforceable CBA. The State moved to dismiss or stay the action in favor of administrative proceedings pending at the Public Employment Relations Board arguing no contract was formed after the union accepted the State's pending offer and the union membership voted to ratify the terms . The district court denied the State's motion and then granted the union's motion for summary judgment. The Supreme Court affirmed, holding (1) the State failed to preserve its argument that Iowa Admin. Code R. 621-6.5(3) requires the State to vote to ratify after the union vote; (2) the union's ratification resulted in an enforceable CBA; and (3) the district court's rulings rejecting the primary-jurisdiction and exhaustion doctrines were correct. View "UE Local 893/IUP v. State" on Justia Law

by
The Supreme Court affirmed the district court's grant of summary judgment in favor of Defendants on Plaintiffs' claim that the 2017 amendments to Iowa Code chapter 20, the Public Employment Relations Act (PERA), violate the equal protection clause of the Iowa Constitution, holding that the 2017 amendments withstood the constitutional challenges. The 2017 amendments resulted in new classifications that made many public employees lose significant statutory bargaining rights compared to other public employees with ostensibly similar jobs. A public employee union and some of its members filed this action against the State and the Public Employment Relations Board (PERB) seeking injunctive and declaratory relief alleging that the amendments violated the equal protection clause of the Iowa Constitution and their right to freedom of association. The district court dismissed the action on summary judgment. The Supreme Court affirmed, holding that the legislative classifications are not so overinclusive or underinclusive as to be unconstitutional and that the amendments do not violate constitutional rights of freedom of association. View "AFSCME Iowa Council 61 v. State" on Justia Law

by
The Supreme Court affirmed the district court's summary judgment in favor of Defendants on Plaintiffs' claim that the 2017 amendments to Iowa Code chapter 20, the Public Employment Relations Act (PERA), violate the equal protection clause of the Iowa Constitution, holding that the 2017 amendments withstood the constitutional challenges. The 2017 amendments resulted in new classifications that made many public employees lose significant statutory bargaining rights compared to other public employees with ostensibly similar jobs. Two unions representing public school employees filed this action seeking injunctive and declaratory relief against the State, the Iowa Public Employment Relations Board (PERB), and three PERB board members, alleging that the amendments violated the equal protection clause of the Iowa Constitution. The district court dismissed the action on summary judgment. The Supreme Court affirmed, holding that the legislative classifications are not so overinclusive or underinclusive as to be unconstitutional under this Court's rational basis test. View "Iowa State Education Ass'n v. State, Iowa Public Employment Relations Board" on Justia Law

by
Plaintiffs appealed the district court's dismissal of their national origin discrimination claims under Title VII against the University. The Fifth Circuit vacated the district court's dismissal of plaintiffs' disparate treatment claims, holding that plaintiffs alleged sufficient facts to state a plausible claim that the University's various actions taken against them were motivated by anti-Italian bias. In this case, the district court erred by holding plaintiffs to a heightened pleading standard. The court affirmed as to the district court's disparate impact and hostile work environment claims and remanded in part for further proceedings. View "Cicalese v. University of Texas Medical Branch" on Justia Law

by
The Eighth Circuit affirmed the district court's grant of summary judgment to St. Luke's in an action brought by plaintiff, alleging that the hospital interfered with her rights under the Family and Medical Leave Act (FMLA). The court held that plaintiff's case consists of an unpersuasive argument of temporal proximity combined with her subjective belief that she was being treated differently and a few stray comments that she perceived to interfere with her FMLA rights. The evidence did not undermine or even raise a genuine issue of material fact regarding St. Luke’s legitimate, nondiscriminatory reasons for her termination: her work performance. Therefore, plaintiff failed to present a submissible case of retaliation for exercising her FMLA rights. View "Beckley v. St. Luke's Episcopal-Presbyterian Hospitals" on Justia Law