Articles Posted in US Court of Appeals for the Second Circuit

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LIAAC petitioned for review of the Board's order determining that LIAAC violated Section 8(a)(1) of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1), by promulgating an unlawful confidentiality agreement and by terminating an employee for his refusal to sign the unlawful confidentiality agreement. The Second Circuit enforced the order and held that an employer violates section 8(a)(1) when it terminates an employee for refusing to sign an unlawful employment document. The court disposed of the remaining issues on appeal in a summary order. View "NLRB v. Long Island Ass'n for AIDS Care, Inc." on Justia Law

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This case arose out of a dispute over subcontracting clauses in collective bargaining agreements (CBAs) between the Carpenters' Union and various construction companies and construction managers. The clauses effectively barred subcontracting of construction work with non-Carpenter affiliates. Ironworkers alleged that the Carpenters have used these subcontracting clauses to expand the scope of work assigned to the Carpenters Union to include work traditionally assigned to the Ironworkers. The district court granted summary judgment to the Carpenters. The Second Circuit held that the Carpenters have met the requirements of the construction industry proviso of Section 8(e) of the National Labor Relations Act, but that, on this record, there were factual disputes that precluded a decision on whether the conduct fell within the non‐statutory exemption to antitrust liability. The court explained, to demonstrate that the disputed subcontracting practices were sheltered by the non‐statutory exemption (and thus to defeat the Ironworkers' antitrust claim completely), the Carpenters must show that these practices furthered legitimate aims of collective bargaining, in a way that was not unduly restrictive of market competition. Accordingly, the court vacated the district court's judgment as to the Sherman Act claim; affirmed as to the unfair labor practices claim; and remanded. View "Conn. Ironworkers Employers Assoc. v. New England Regional Council of Carpenters" on Justia Law

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The duty of fair representation under the National Labor Relations Act does not necessarily preempt the New York State Human Rights Law (NYSHRL) for claims of discrimination filed by a union member against a labor organization when the labor organization is acting in its capacity as a collective bargaining representative (as distinguished from when it is acting in its capacity as an employer). The Second Circuit held that the Act's duty of representation does not preempt the NYSHRL either on the basis of field preemption or as a general matter on the basis of conflict preemption. Accordingly, the court reversed the declaratory judgment of the district court and denied Local's cross-appeal for injunctive relief. View "Figueroa v. Foster" on Justia Law

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The Second Circuit vacated the district court's determination that plaintiff asserted claims only under federal law, its dismissal of claims against the individual defendants, and its dismissal of plaintiff's hostile work environment claim. At issue in this appeal was whether a pro se litigant forfeits her claims under New York state and local discrimination law where she has alleged facts supporting such claims, but fails to check a blank on a form complaint indicating that she wishes to bring them. The court held that such a bright-line rule runs counter to the court's policy of liberally construing pro se submissions, and that plaintiff's complaint in this case should have been read by the district court to assert claims under New York state and local discrimination law as well as under federal law. The court addressed the balance of plaintiff's claims on appeal in a summary order issued simultaneously with this opinion, and remanded for further proceedings. View "McLeod v. The Jewish Guild for the Blind" on Justia Law

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The Second Circuit vacated the district court's judgment in favor of defendants, agreeing with plaintiff that the district court wrongly instructed the jury that "but for" causation applied to Family Medical Leave Act (FMLA) claims. The court held that FMLA retaliation claims of the sort plaintiff brought here were grounded in 29 U.S.C. 2615(a)(1) and a "motivating factor" causation standard applied to those claims. The court also held that the district court exceeded the bounds of its discretion in admitting and permitting the adverse inferences to be drawn in this case. Accordingly, the court remanded for further proceedings. View "Woods v. START Treatment & Recovery Centers" on Justia Law

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Plaintiff, a former principal of a Roman Catholic school, filed suit alleging that she was terminated on the basis of unlawful gender discrimination and retaliation. The Second Circuit affirmed the district court's grant of summary judgment for defendants, holding that the ministerial exception barred plaintiffʹs employment‐discrimination claims because in her role as principal she was a minister within the meaning of the exception. The court explained that, although her formal title was not inherently religious, the record clearly established that she held herself out as a spiritual leader of the school, and that she performed many significant religious functions to advance its religious mission. View "Fratello v. Archdiocese of New York" on Justia Law

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Plaintiffs, retired officers of Booz Allen, filed suit alleging that they were improperly denied compensation when, after their retirement, Booz Allen sold one of its divisions in the Carlyle Transaction. The Second Circuit affirmed the district court's dismissal of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., claims on the ground that Booz Allen's stock-distribution program was not a pension plan within the meaning of ERISA, and denial as futile leave to amend to "augment" the ERISA claims with new allegations; affirmed the dismissal of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961 et seq., claims on the ground that they were barred by the Private Securities Litigation Reform Act of 1995 (PSLRA), 18 U.S.C. 1964(c); but vacated the district court's judgment to the extent it denied Plaintiff Kocourek leave to amend to add securities-fraud causes of action. The court remanded for the district court to consider his claims. View "Pasternack v. Shrader" on Justia Law

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Plaintiff filed suit against the Hospital under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq., alleging that the Hospital terminated her illegally for taking medical leave to which she was entitled under the terms of the Act. The DC Circuit vacated the district court's grant of summary judgment to the hospital, holding that the district court erred in determining that plaintiff cannot, as a matter of law, establish a "serious health condition" under 14 C.F.R. 825.115(e)(2), but correctly concluded that the Hospital was not estopped from challenging whether plaintiff established the elements of her FMLA interference claim. Because the Hospital failed to show entitlement to summary judgment on plaintiff's right to leave under section 825.115(e)(2), the Hospital's entitlement to summary judgment turns on the adequacy of plaintiff's notice. Therefore, the court remanded for the district court to make this determination. View "Pollard v. The New York Methodist Hospital" on Justia Law

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Former employees of World Airways challenged the dismissal of their complaint seeking damages for fraud, breach of contract and violation of an employee benefit plan. The Second Circuit agreed with the district court that plaintiffs' state law claims arose under the Railway Labor Act (RLA), 45 U.S.C. 151 et seq., and were thus preempted. Because those claims bear a close resemblance to claims brought pursuant to the Employee Retirement Income Securities Act (ERISA), 29 U.S.C. 1001 et seq., the court found it appropriate to borrow and apply the three‐year statute of limitations set forth in Section 1113 of ERISA rather than the six‐month limitations period the district court borrowed from Section 10(b) of the National Labor Relations Act (NLRA), 29 U.S.C.160(b). Accordingly, the court vacated the dismissal of the RLA claims and remanded for further consideration. The court affirmed in all other respects. View "Pruter v. Local 210’s Pension Trust Fund" on Justia Law