Selected Cases And Decisions

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The attorneys of Rediger, McHugh & Hubbert, LLP have litigated numerous cases on behalf or employers in the areas of traditional labor law and employment law, before various administrative agencies and in federal and state courts across the country.

LABOR LAW

The practice of traditional labor law includes defending employers in trials before administrative law judges and before the National Labor Relations Board (NLRB), countering union organizational campaigns and litigating matters pertaining to elections before the NLRB, negotiating collective bargaining agreements with unions, attending hearings before Labor Arbitrators, litigating petitions for review of NLRB decisions in the federal courts of appeal, and defending employers in federal district courts in suits brought by union-affiliated Taft-Hartley trust funds.

National Labor Relations Board

American Automatic Fire Protection, Inc. (Sprinkler Fitters Local 483), 302 NLRB 1014 (1991). The continuing violation theory cannot be applied to a clear and total contract repudiation so construction industry employer's repudiation of pre-hire labor agreement did not violate the Act.

Handy Andy Associates (Teamsters, Local No. 150) , 277 NLRB 208 (1985). Complaint alleging that employer committed an unfair labor practice by subcontracting its delivery operations dismissed by the NLRB.

Judicial Review of NLRB Decisions

Alldata Corporation v. National Labor Relations Board , 245 F.3d 803 (D.C. Cir. 2001). Employer's petition for review of NLRB decision finding that the employer had committed an unfair labor practice by discharging an employee who had engaged in concerted activities by complaining about a reduction in commissions for salespeople granted, and petition for enforcement of the Board's order denied.

Labor Arbitrations

A-1 Door and Building Solutions (Millmen Local 1618), 123 LA 1286 (2007) (Riker, Arb.). Grievance denied where CBA permitted employer to lay off an employee "out of seniority" by showing that the grievant's skills and abilities where less than those of the employees who were retained.

American Lithographers (GCIU, DC 2), 121 LA 993 (2005) (Riker, Arb.) Grievance denied where CBA contained a "relative ability" seniority clause that permitted the employer to assess "the ability and dependability" of employees being considered for a layoff and to layoff the grievant rather than employees with more time with the employer.

ProTech, Inc. (IUSO/SEIU, Local 24/7) (2004) (Kagel, Arb.) Denied grievance and sustained discharge as being for just cause, finding that security officer left his post for an extended period of time and submitted false time reports in violation of work rules. The arbitrator rejected the grievant's assertion that he was doing his rounds when he was not at his post.

Paratransit, Inc. (ATU, Local 256) (2003) (Hoh, Arb.) Denied grievance and sustained discharge as being for just cause, finding that the grievant had used the company bus to go to a personal hair appointment without authorization between her split shift. Arbitrator discredited grievant's testimony as to what happened on the day in question, finding that the employer had just cause under the contract and work rules for discharging the grievant.

Paratransit, Inc. (ATU, Local 256) (2003) (Kagel, Arb.) Denied grievance and sustained discharge as being for just cause, finding that the grievant ignored a work directive to pick up a passenger. Arbitrator rejected grievant's assertion that she failed to pick up the passenger because dispatch cancelled the trip.

Paratransit, Inc. (ATU, Local 256) (2002) (Winograd, Arb.) Employer's use of subcontractors as well as company managers and supervisors to perform bargaining unit work did not constitute violation of the collective bargaining agreement.

Paratransit, Inc. (ATU, Local 256) (2002) (Goldberg, Arb.) Employer's bidding system requiring bargaining unit members to bid their holidays when they bid their vacations did not constitute violation of the collective bargaining agreement.

Paratransit, Inc. (ATU, Local 256) , 116 LA 1448 (2002) (Wollet, Arb.). Union grievance denied, finding employer did not violate contract by failing to pay the minimum pay "guarantee" set forth in the collective bargaining agreement to g rievant who could only work limited hours due to medical restriction.

Paratransit, Inc. (SEIU, Local 22) , 100 LA 981 (1993) (Brand, Arb.). Union grievance denied where employee was discharged for insubordination and for threatening employer when he was informed of the decision to discharge him.

Taft-Hartley Trust Fund Litigation

International Allied Printing Trades Association et. al v. American Lithographers, 233 FRD 554 (N.D. Cal. 2006) Plaintiffs' motion seeking relief from the dismissal of their lawsuit with prejudice denied.

Hotel Employees and Restaurant Employees, Local 2 v. Vista Inn Management Co., 393 F.Supp.2d 972 (N.D. Cal. 2005) Motions to dismiss granted in part in suit brought by a union for declaratory and injunctive relief to enforce a collective bargaining agreement and a successorship addendum thereto against several defendants.

Board of Trustees of the Mill Cabinet Pension Trust Fund for Northern California v. Valley Cabinet & Manufacturing, Co. , 877 F.2d 769 (9th Cir. 1989). Attempt by pension trust fund to pierce corporate veil and impose "alter ego" liability on employer rejected.

Trustees of the National Sprinkler Industry Pension Fund v. American Automatic Fire Protection Co. , 680 F.Supp. 731 (D. Md. 1988). First reported decision of a U.S. District Court upholding an employer's ability to repudiate a union's pre-hire labor agreement pursuant to the NLRB's Deklewa decision.

EMPLOYMENT LAW

The practice of employment law includes defending employers before administrative agencies, judicial arbitrators, and in federal and state courts in regard to workplace matters including wage and hour proceedings, employment discrimination, harassment and retaliation, wrongful termination, unfair competition and trade secrets, workplace violence injunctions, etc.

Dispositive Motions Before Trial

Zamora v. Sacramento Rendering Co., 2007 WL 137239 (E.D. Cal.) Partial summary judgment granted dismissing several of the plaintiff's claims for sexual harassment, assault, battery, wrongful discharge, and related claims against several of the defendants.

Cruickshank v. PDQ Automatic Transmissions Parts, Inc., 2007 WL 2188400, (Sacramento Sup. Ct.) Summary adjudication granted in favor of employer, eliminating Plaintiff's causes of action for age discrimination, retaliation, unpaid overtime, breach of contract and detrimental reliance and her claim for attorney's fees.

Buchko v. California Department of Education, et. al (Sacramento Sup. Ct. Case No. 03AS00795) (2004). Summary judgment granted in favor of California Department of Education and three individual supervisors in DFEH suit alleging hostile work environment same-sex harassment and retaliation.

Taormina v. Carando Machine Works (San Joaquin Sup. Ct. Case No. CV 018607 ) (2003) Summary adjudication granted on Plaintiff's federal and state wage and hour claims and IIED claim. Case settled for nuisance value thereafter.

Fisher v. PianoDisc, Inc. (Sacramento Sup. Ct. Case No. 00AS02011 ) (2001) Summary adjudication granted on Plaintiff's DFEH/disability, sex and sexual orientation discrimination, CFRA/denial of family leave, intentional infliction of emotional distress and punitive damages claims. Case settled for nuisance value thereafter.

Taylor v. Scottpolar Corporation , 995 F.Supp. 1072 (D.Az. 1998). Partial summary judgment granted dismissing the plaintiff's claims against individual defendants alleging retaliatory discharge in violation of Title VII and Arizona law and dismissing the plaintiff's prayer for punitive damages against all defendants.

Jury Trials

Cruickshank v. PDQ Automatic Transmissions Parts, Inc., 2007 WL 2188400 (Sacramento Sup. Ct.). Jury rejects plaintiff's claim that she was wrongfully discharged in violation of public policy for complaining about safety and wage and hour issues and in post-trial proceedings, the employer was awarded $24,000.00 in costs from the plaintiff.

Torres v. Dixon Family Services, 2002 WL 725585 (Solano Superior Court). Motion for nonsuit granted dismissing suit where the plaintiff alleged retaliation for asserting rights under the California Fair Employment and Housing Act, defamation and wrongful discharge for alleged whistle blowing in violation of Labor Code section 1102.5.

Fister, et al. v. Regis Corp., 1998 WL 866033 (Los Angeles Sup. Ct.). Nominal verdict for two plaintiffs who alleged wrongful termination in violation of public policy where their employer required them to pay back the amount of a missing bank deposit.

Hall v. Pacific Access Computers, 1996 WL 588565 (Sacramento Sup. Ct.). Jury rejects wrongful termination, violation of public policy, and defamation allegations.

Frey v. Alldata Corporation , 895 F.Supp. 221 (E.D. Wis. 1995). Jury, and then judge in post-trial motion proceedings, rejects plaintiff's claim brought under the Americans with Disabilities Act, as well as his requests for injunctive relief and attorney's fees.

Reed v. Raley's, Inc. et. al, 1992 WL 12146125 (Sacramento Sup. Ct.). Motions for nonsuit granted as to all defendants where the plaintiff alleged wrongful demotion, breach of implied-in-fact contract, and interference with contractual relations.

Everett v. Christensen Boler & Co . 1988 WL 1096991 (Solano Sup. Ct.). Jury rejects plaintiff's allegations of sexual harassment, wrongful termination, negligent infliction of emotional distress and race discrimination.

Employment Law Arbitrations

Miene v.DataMAX (2007) (Conner, Arb.) Arbitrator found that employee was disqualified from severance pay where he had repudiated his employment contract by his actions and threats, and awarded the company its attorneys' fees.

Gawlik v. Diogenes Youth Services, Inc. (2002) (Kagel, Arb.) Summary judgment granted in favor of employer as to plaintiff who claimed she was wrongfully terminated for discrepancies in her time card. Following a hearing on the merits, Arbitrator also ruled in the employer's favor as to the other Plaintiff, finding that she was not forced to resign after receiving a poor performance review.

Atkinson v. Scottpolar Co . (1995) (Kagel, Arb.) Discharged employee's claims against employer for breach of employment contract rejected, and employer's counterclaim for reimbursement of monies it paid for letters of credit based on the plaintiff's post-termination conduct granted. Savoca et. al v. El Dorado Savings & Loan Association, 1988 WL 1097040 (Berger, Arb.) Arbitrator rejects claims of two plaintiffs alleging sex and age discrimination, breach of implied covenant of good faith and fair dealing, emotional distress and constructive discharge.

Trials Before Administrative Agencies

DFEH v. Lucky Cafe (FEHC Case No. 88-89 E6-0475). California Fair Employment and Housing Commission dismisses the allegations in the Accusation issued by the Department of Fair Employment and Housing that four waitresses were subjected to unlawful sexual harassment by the owner of a restaurant. 

Petitions for Writs in the Appellate Courts

Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47 Cal.App.3d 214. Writ of mandate issued establishing attorney work product protection for attorney's interview notes and strategies for witness selection in suit alleging sexual harassment.

Boler v. Superior Court (1987) 201 Cal.App.3d 467. Writ of mandate issued establishing an individually named defendant's right of privacy when asked overbroad questions at a deposition in a sexual harassment lawsuit.

El Dorado Savings & Loan Association v. Superior Court (1987) 190 Cal.App.3d 342. Writ of mandate issued establishing a right of privacy under the California Constitution in the contents of an employee's personnel file and an employer's standing to object to overly broad discovery requests on behalf of its employee.