News

Sixth Circuit Rules that States and School Districts Need Not Spend Their Own Funds to Comply with No Child Left Behind

January, 2008

On January 7th, the Sixth Circuit handed down its decision in the long running Pontiac v. Spellings case, in which the firm represents the NEA, nine school districts and several state and local NEA affiliates, who are challenging the position of the U.S. Department of Education that states and school districts must spend their own funds to comply with the NCLB. In its ruling, the Sixth Circuit agreed with the plaintiffs that the NCLB cannot be construed to require states and school districts to spend their own funds on NCLB compliance and remanded the case to the trial court for further proceedings.

Utah Supreme Court Ruling Paves Way for Referendum Overturning Voucher Legislation

November 6, 2007

In a referendum on November 6, 2007, Utah voters decisively rejected a statewide private-school voucher program that the state’s Legislature had enacted by a one-vote margin earlier in the year.

UNITE HERE Local 25, Mid-Atlantic Joint Board Settlement with D.C. Hotels Achieves Substantial Gains for Members, Opens Way for Future Growth

September 7, 2007

On September 7, 2007, members of Local 25 voted overwhelmingly to ratify a three-year agreement with the city’s major hotels.

B&K Retained by International Unions to Fight Rash of Corporate RICO Lawsuits

Fall 2007

Beginning in the fall of 2007, several corporations in the midst of organizing and/or publicity campaigns launched by major international unions began filing civil lawsuits seeking treble damages under the federal Racketeer Influenced and Corrupt Organizations (“RICO”) Act (or its state cognates).

Important Agency Fee Cases in First and Second Circuits

July - August 2007

On two fronts, Bredhoff & Kaiser, PLLC attorneys recently turned back “right to work” efforts to make it more difficult for unions to collect agency fees from nonmembers whom they represent in collective bargaining.

Bankruptcy Court Approves Dana Corp. Labor Agreements

July 2007

In late July 2007 the U.S. Bankruptcy Court for the Southern District of New York approved newly negotiated labor agreements between bankrupt auto parts manufacturer Dana Corporation and the unions that represent its hourly employees.

Supreme Court Decides Davenport Case

June 14, 2007

On June 14, 2007, the Supreme Court issued its ruling in Davenport v. Washington Education Association, 127 S. Ct. 2372 (2007), reversing the Washington Supreme Court’s holding striking down a state campaign finance law that restricted unions’ use of funds derived from agency shop fees.

Supreme Court ruling on pension plan terminations

June 11, 2007

In Beck v. PACE the firm represented the United Steelworkers in briefing and argument in the United States Supreme Court on issues regarding an employer’s responsibility in termination of a single-employer pension plan. The Court ruled on June 11, 2007 (Docket No. 05-1448), that although all the assets and liabilities of such a plan can be transferred to a multiemployer pension plan, such a transfer cannot be considered a means of terminating the single-employer plan under Title IV of ERISA.

D.C. Fire Fighters, Local 36, IAFF, Obtain TRO in Superior Court Prohibiting Mayor, Fire Chief from Implementing Unlawful Disciplinary Action

May 7, 2007

Finding that the Mayor and Fire Chief of the District of Columbia had acted “in clear contravention of their own regulations,” District of Columbia Superior Court Judge Robert Tignor issued a temporary restraining order on May 7, 2007 forbidding the city government from imposing penalties against two firefighters that were over and above the disciplinary action recommended by the Fire Department’s own internal hearing panel.