Hawaii Employment Law Cases October 8, 2017 to October 14, 2017 – Jeffrey S. Harris

U.S. Ninth Circuit Court of Appeals

TSA did not err in disqualifying individual from serving as flight crew based on his conviction for conspiring to launder money.  TSA reasonably concluded as a crewmember had unescorted access to secure areas of planes and airports, he had to be especially trustworthy; his guilty plea showed that for personal profit he ignored unlawful activity taking place on an aircraft.  Concepcion v. Transportation Security Administration, 2017 U.S. App. LEXIS 19899 (9th Cir. Oct. 11, 2017).

District Court properly dismissed WARN failure to notify claim, because employees laid off on January 24, 2012 faced no employment loss due to a May 2012 mass layoff.  District Court properly dismissed breach of collective bargaining agreement claim, because employees did not exhaust grievance procedure or allege their union breached the duty of fair representation.  Johnson v. Keolis Am., 2017 U.S. App. LEXIS 19807 (9th Cir. Oct. 10, 2017).

Note: We analyze cases to learn rules courts will follow or disappoint us if they do not. Rules courts follow allow us to behave and provide explanations they accept. Competent advocates may limit the rules to the facts of the case that discuss them, or expand the rules by showing differences in other cases are irrelevant.