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National Mediation Board proposes changes to representation election rules

Winston & Strawn LLP
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USA
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November 3 2009

The National Mediation Board has proposed significant changes to representation election rules under the Railway Labor Act ("RLA"), which governs labor relations in the airline and railway industries

Supreme Court issues two unanimous decisions affecting labor & employment

Winston & Strawn LLP
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USA
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December 10 2009

In Union Pac. R.R. Co. v. Bhd. of Locomotive Engineers, No. 08-604 (December 8, 2009), the Court unanimously held that a union’s failure to present evidence of efforts to reach a settlement through “conferencing” did not preclude the National Railroad Adjustment Board from exercising jurisdiction over the union’s claim

Rule prohibiting the arbitration of class action employment claims is approved

Winston & Strawn LLP
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USA
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June 11 2012

On June 8th, the Financial Industry Regulatory Authority ("FINRA") announced SEC approval of amendments to FINRA Rule 13204 of the Code of Arbitration Procedure for Industry Disputes (Industry Code) to preclude collective action claims by employees of FINRA member firms under the Fair Labor Standards Act, the Age Discrimination in Employment Act or the Equal Pay Act of 1963 from being arbitrated under the Industry Code

Arbitration panel exceeded its authority in awarding damages to former registered representatives

Winston & Strawn LLP
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USA
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March 1 2010

On February 22nd, the Fourth Circuit affirmed an order vacating an arbitration panel's award to registered representatives terminated by their employer, a broker-dealer

Strikes & labor disputes

Winston & Strawn LLP
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USA
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April 6 2010

The Transport Workers Union asked the National Mediation Board to release it from federal mediation with American Airlines

Journalist reinstated after being fired for Twitter comments

Winston & Strawn LLP
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USA
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December 23 2010

A journalist for Radio Free Asia a Washington D.C.-based news organization was recently reinstated following an arbitration with his employer over his termination for numerous Twitter posts

Organizing

Winston & Strawn LLP
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USA
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July 7 2011

On June 2, 2011, the Air Line Pilots Association (ALPA) filed an application with the National Mediation Board (NMB) for a representation election among 2,200 JetBlue Airways pilots

NLRB says arbitration agreements waiving employees’ right to file class action claims violate the National Labor Relations Act

Winston & Strawn LLP
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USA
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January 10 2012

Last week, the National Labor Relations Board (“NLRB” or “Board”) ruled that arbitration agreements prohibiting employees from filing class action claims violate the National Labor Relations Act (“NLRA”

FINRA proposes amendments invalidating predispute arbitration agreements for whistleblower claims

Winston & Strawn LLP
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USA
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December 12 2011

On December 6th, the SEC provided notice of the Financial Industry Regulatory Authority's proposal to amend FINRA Rule 13201 (Statutory Employment Discrimination Claims) of the Industry Code, and FINRA Rule 2263 (Arbitration Disclosure to Associated Persons Signing or Acknowledging Form U4), to align the rules with statutes that invalidate predispute arbitration agreements for whistleblower claims

Million dollar attorney fee award is affirmed

Winston & Strawn LLP
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USA
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February 21 2012

On February 16th, the Fourth Circuit affirmed the confirmation of an arbitration award and held that the arbitration panel did not manifestly disregard the law when it awarded $1.1 million in attorneys' fees and costs to the former employees in accordance with the South Carolina Frivolous Civil Proceedings Act