Attorneys at HJRF advise on labor law issues, including litigating cases involving the intersection between labor law and benefits. Some of the representative items in which our attorneys have been involved include:
- Litigation under Railway Labor Act preemption – Hastings v. Wilson, 516 F.3d 1055 (8th Feb. 22, 2008) (defending ALPA-appointed committee members) (successfully asserted standing and Railway Labor Act defenses that led to case dismissal).
- Litigation on retiree health benefits – Stewart v. KHD Deutz, 980 F.2d 698 (11th Cir. 1993) & 75 F.3d 1522 (11th Cir. 1996) (defending company on class action claim that collective bargaining agreement created vested rights to retiree health benefits) (after six years of litigation, working with healthcare actuary used new benefit structures of Medicare HMOs and VEBA to lead to an amicable settlement).
- Advise on collective bargaining – represent both small and large employers in collective bargaining, including benefit issues.
- Litigation on labor law and union election – Avondale Industries v. NLRB, 180 F.3d 633 (5th 1999) (overturning certification of 4,000 person union election); Fleischut v. Avondale Industries, Inc. 1995 WL 27464, 148 LRRM (BNA) 2685 (E.D. La. 1995) (attempted injunction of labor practices of 4,000 person employer).
Attorneys at HJRF also speak and write in this area, including:
Speeches & Articles:
Robert Rachal, author Article, “Machinists Preemption Under the NLRA: A Powerful Tool to Protect an Employer’s Freedom to Bargain,” 58 La. L. Rev. 1065 (Summer 1998).
Robert Rachal, co-Author Article, “Fifth Circuit Symposium 1999 – Labor and Employment Law,” 46 Loy. L. Rev. 187 (Spring 2000).