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Sixth Circuit Finds Incendiary Facebook Post Protected Under Section 1983

Sixth Circuit Finds Incendiary Facebook Post Protected Under Section 1983

by travisadmin | Aug 21, 2020 | News

In Marquardt v. City of North Cleveland, Ohio (6th Cir., No. 19-4223, 8/19/20), the plaintiff Jamie Marquardt, a captain in the Cleveland EMS, made incendiary comments on his private Facebook page regarding the death of Tamir Rice, a 12-year old who was...
Failure to Enact OSHA Policy Constitutes “Illegal Activity” Under TPPA

Failure to Enact OSHA Policy Constitutes “Illegal Activity” Under TPPA

by travisadmin | Aug 6, 2020 | Retaliation and Whistle-Blowing

In Davis v. Vanderbilt University Medical Center (Tenn. Ct. App., M.S., 8/5/2020), Davis sued the defendant medical center alleging he was discharged because he refused to remain silent about the employer’s failure to enact policies to safeguard its...
D.C. Circuit Vacates FLRA Decision – Upholds Arbitration Award

D.C. Circuit Vacates FLRA Decision – Upholds Arbitration Award

by travisadmin | Aug 4, 2020 | Arbitration, Labor Law

In Weather Service Employees Ass’n v. Federal Labor Relations Authority (DC Cir., No 19-1163, 7/31/2020), the District of Columbia Circuit overruled a decision of the FLRA, for the second time in less than 60 days. In this case, the Weather Service Employees...
Eighth Circuit Allows Suit to Vacate Arbitration Award to Proceed

Eighth Circuit Allows Suit to Vacate Arbitration Award to Proceed

by travisadmin | Jul 31, 2020 | Arbitration, Labor Law

In United Auto Workers v. Trane (8th Cir., No. 19-2255, 07/30/2020), the Eighth Circuit of Appeals reversed the district court’s dismissal of claims by the Union seeking to vacate an arbitration award. The Union alleged Trane had breached the terms of the collective...
Sixth Circuit – No Causation or Pretext in Retaliation Case

Sixth Circuit – No Causation or Pretext in Retaliation Case

by travisadmin | Jul 7, 2020 | Retaliation and Whistle-Blowing, Title VII

In Kenney v. Aspen Technologies (No. 19-1027, 6th Cir., 7/6/2020), the plaintiff, a production manager, alleged under both Title VII and Michigan’s Elliott-Larson Civil Rights Act, that the employer discharged her in retaliation for her complaints regarding the...
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