Justia Government & Administrative Law Opinion Summaries

The Supreme Court affirmed the judgment of the district court denying the petition and application filed by the State of Nebraska, Department of Health and Human Services (DHHS) to vacate an arbitration award resulting from a labor dispute and confirming the award, holding that the district court did not err.On appeal, DHHS argued that the arbitrator exceeded his powers under DHHS' labor contract the Nebraska Association of Public Employees, Local #61 of the American Federation of State, County, and Municipal Employees and that the district court erred in finding that the arbitrator did not exceed his powers. The Supreme Court affirmed, holding (1) whatever insufficiency existed in the findings of fact and conclusions of law, DHHS was instrumental in bringing about that insufficiency; and (2) the district court did not err by finding that the arbitrator did not add to or modify the labor contract and concluding that the arbitrator did not exceed his powers. View "State v. Neb. Ass'n of Public Employees" on Justia Law

The California Public Employment Relations Board (Board) refused to file an unfair labor practice complaint on behalf of plaintiff Rebecca Wu, a substitute teacher representing herself in propria persona, against real party in interest Twin Rivers United Educators (Union), a teachers’ union. In her unfair practice charge filed with the Board, Wu alleged the Union breached its duty to represent her in her claim against Twin Rivers Unified School District (School District), wherein she claimed to be misclassified as a substitute teacher. The Board declined to file a complaint against the Union based on Wu’s charge because Wu, as a substitute teacher, was not entitled to union representation given that substitute teachers were excluded from representation by virtue of the collective bargaining agreement between the Union and the School District. Wu argued she had a constitutional right to union representation as a misclassified teacher and as a substitute teacher. She further argued she had a statutory right to representation by the Union that could not be circumvented by a collective bargaining agreement. The Court of Appeal disagreed with Wu that she had a constitutional or statutory right to representation by the Union as an alleged misclassified employee or as a substitute teacher. Accordingly, the Court affirmed the trial court’s order. View "Wu v. Public Employment Relations Bd." on Justia Law

Adanna Car Wash Corporation (Adanna) appealed from the superior court’s dismissal of its trial de novo appeal from the Labor Commissioner’s award of back wages and other damages in favor of Adanna’s former employee, Respondent. The trial court dismissed the appeal for lack of jurisdiction because Adanna failed to post with the trial court an appeal bond required by section 98.2. Adanna contended that it, in fact, had complied with section 98.2, pointing to a surety bond that it had posted earlier under a different Labor Code provision, section 2055. The section 2055 undertaking is required of all car wash owners as a condition of operating a car wash business.   The Second Appellate District affirmed, holding that it agreed with the trial court that the section 2055 bond was not the appeal bond required under section 98.2. The court reasoned that the signature of Adanna’s insurer’s attorney is nowhere to be found. Execution by the surety is a prerequisite for a valid bond in an action or proceeding. Ultimately, the court held that a section 2055 car wash bond is not an appeal bond under section 98.2 subdivision (b). Because exhibit A to Adanna’s notice was not an appeal bond, Adanna failed to file the requisite undertaking per section 98.2, subdivision (b). The superior court lacked jurisdiction over the Adanna’s de novo appeal, and Respondent’s motion to dismiss was properly granted. View "Adanna Car Wash Corp. v. Gomez" on Justia Law

The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) challenges a rule governing the elections in which employees vote on whether to be represented by a union. The National Labor Relations Board (NLRB) promulgated the 2019 Rule without notice and comment, asserting that it falls within the Administrative Procedure Act’s (APA) exception. The NLRB argues that the National Labor Relations Act (NLRA or Act), mandates direct review from the Board to the circuit court. The Board also asserts that, even if the district court had jurisdiction, it erred in holding that five challenged provisions of the Rule fall outside the APA’s procedural exception. The AFL-CIO cross-appeals, arguing that the 2019 Rule as a whole is arbitrary and capricious and that the provision concerning ballot impoundment specifically is arbitrary and capricious and contrary to law.   The DC Circuit held that the statutory provision for direct review in federal appellate courts of NLRB orders regarding unfair labor practices did not divest the district court of jurisdiction over rules that are exclusively concerned with representation elections, as is the 2019 Rule. The court held that the district court erred in concluding that none of the five challenged provisions comes within the procedural exception; the court held that two of them do. Those two are rules of agency procedure, so were validly promulgated without notice and comment. The court affirmed the district court’s invalidation of the rules regarding the eligible employee-voters list, the timeline for certification of election results, and election-observer eligibility. The AFL-CIO’s challenge to the 2019 Rule as arbitrary and capricious fails. View "American Federation of Labor and Congress of Industrial Organizations v. NLRB" on Justia Law

Ed Davis sued the City of Montevallo ("the City") claiming that the City was in breach of contract because, in terminating his employment with the City, it failed to follow certain discharge procedures set out in an employee handbook it had issued to him. The City responded by arguing it was not required to follow the handbook's procedures because Davis was an at-will employee. After entertaining motions for summary judgment from both sides, the trial court ruled in favor of the City. Davis appealed. The Alabama Supreme Court reversed the trial court's summary judgment in favor of the City. "The Handbook was an offer for a unilateral contract, which Davis accepted by continuing his employment with the City. Because the Handbook constitutes a unilateral contract, we reverse the trial court's denial of Davis's motion for partial summary judgment and direct the trial court on remand to determine whether, in fact, the City violated the Handbook's terms." View "Davis v. Montevallo" on Justia Law

The Supreme Court affirmed the order of the district court that affirmed the decision of the Nebraska State Personnel Board upholding the termination of Scott Mollring's employment as a teacher for the Nebraska Department of Health and Human Services, holding that there was no error.On appeal, Mollring argued that the district court erroneously determined that because he had not completed two calendar years of employment at the time of his dismissal, he was a probationary employee who could be terminated without cause. The Supreme Court affirmed, holding (1) the district court did not err in concluding that "two years" under Neb. Rev. Stat. 79-845 means two calendar years, and cause was not required; and (2) the court correctly determined that Mollring was still in the probationary period and that his employment could be terminated without cause. View "Mollring v. Neb. Dep't of Health & Human Services" on Justia Law

The Supreme Court affirmed the decision of the Labor and Industrial Relations Commission affirming and adopting the ALJ's final award denying Appellant's claim for benefits from the Second Injury Fund, holding that the Commission did not abuse its discretion in affirming the ALJ's denial of Appellant's post-hearing motions to reopen the record and submit additional evidence.Before the ALJ issued her final award, the Supreme Court decided Cosby v. Treasurer of Missouri, 579 S.W.3d 202 (Mo. banc 2019), which reached a different interpretation of Mo. Rev. Stat. 287.220.3 than that reached by the court of appeals in Gattenby v. Treasurer of Missouri, 516 S.W.3d 859 (Mo. App. 2017). Before the ALJ's final award, Appellant filed a motion to reopen the record for a supplemental hearing based on Cosby. The ALJ overruled the motion and issued her award. The Commission affirmed. The Supreme Court affirmed, holding that the Commission did not abuse its discretion in overruling Appellant's motions to reopen the record and submit additional evidence. View "Weibrecht v. Treasurer of Mo. as Custodian of Second Injury Fund" on Justia Law

The Supreme Court affirmed the order of the circuit court affirming the decision of the South Dakota Department of Labor and Regulation approving Claimant's request for benefits, holding that there was no error.Claimant injured her shoulder and necker while working for Employer. While Employer and Insurer initially paid Claimant benefits, her claim for surgery and additional benefits was subsequently denied. Claimant filed a petition seeking a hearing on her claims. Thereafter, the Department approved Claimant's request for benefits. The Supreme Court affirmed, holding (1) Claimant's work injury was a major contributing cause of her impairment and need for treatment; and (2) there was no error in the Department's findings concerning medical opinion testimony or causation. View "News America Marketing v. Schoon" on Justia Law

An elementary school nurse who unsuccessfully attempted to save the life of a choking child sought workers’ compensation benefits for mental health problems she attributed to the incident. She argued that she suffered post-traumatic stress disorder (PTSD) due to exposure to the child’s bodily fluids and resulting risk of disease and to the mental stress of the incident. The Alaska Workers’ Compensation Board denied her claims, concluding that her exposure to bodily fluids was not a sufficient physical injury to trigger a presumption of compensability and that the mental stress of the incident was not sufficiently extraordinary or unusual to merit compensation. The Board was most persuaded by the opinion of the employer’s medical expert that the nurse’s mental health problems were the result of a pre-existing mental health condition and were not caused by the incident. The Alaska Workers’ Compensation Appeals Commission affirmed. After review, the Alaska Supreme Court found: (1) the Board failed to recognize the link between exposure to bodily fluids and mental distress over the risk of serious disease, which under Alaska precedent was enough to establish a presumption that the mental distress is compensable; and (2) the Board failed to consider the particular details of the child’s death and the nurse’s involvement when it concluded as a general matter that the stress of responding to a choking incident at school was not sufficiently extraordinary to merit compensation for mental injury. However, because the Board found in the alternative that the incident was not the cause of the nurse’s mental health problems, and because both the Commission and the Alaska Supreme Court had to respect the Board’s credibility determinations and the weight it gave conflicting evidence, the denial of benefits was affirmed. View "Patterson v. Matanuska-Susitna Borough School District" on Justia Law

The Supreme Court affirmed the judgment of court of appeals denying a writ of mandamus sought by Waste Management of Ohio, Inc. ordering the Industrial Commission of Ohio to reverse its decision granting T.A.'s application for benefits, holding that the Commission did not abuse its discretion.Travis Gelhausen died shortly after getting into an accident while driving a truck for Waste Management of Ohio, Inc. T.A. applied for benefits on behalf of her and Gelhausen's minor daughter, S.G., for Gelhausen's loss of the use of his arms and legs before his death. The Commission granted the application. Waste Management sought a writ of mandamus ordering the Commission either to vacate its award or to limit the award. The court of appeals denied the writ. The Supreme Court affirmed, holding that the Commission's award was proper. View "State ex rel. Waste Management of Ohio, Inc. v. Industrial Commission" on Justia Law