Hawaii Employment Law Decisions July 3, 2016 to July 9, 2016 – Jeffrey S. Harris

District court improperly enjoined National Labor Relations Board from awarding refrigerated container work to IBEW instead of ILWU under dispute procedure in Section 10(k) of the National Labor Relations Act, even though the Board likely did not have jurisdiction over IBEW employees because they worked for public employer.  Employer had alternative paths to review of Board's award, including intervening in unfair labor practice case that arose out of Board's award or seeking judicial review of the Board's final order.  Pacific Maritime Association v. National Labor Relations Board, 2016 U.S. App. LEXIS 12586 (9th Cir. July 8, 2016).

District court properly granted summary judgment against failure to provide reasonable accommodation claim, because reinstatement to prior position that no longer existed was not reasonable as a matter of law.  Shepard v. Shinseki, 2016 U.S. App. LEXIS 12525 (9th Cir. July 5, 2016).

District court improperly dismissed disability discrimination claim against union, because claim did not require employee to show union breached its duty of fair representation.  Garity v. APWU National Labor Organization, 2016 U.S. App. LEXIS 12380 (9th Cir. July 5, 2016).

District court properly dismissed hostile work environment because of disability claim against the union, because the employee did not show a reasonable person would have found her work environment hostile or abusive.  District court properly dismissed intentional infliction of emotional distress claim against the union, because the employee did not show the union engaged in extreme and outrageous behavior.  Garity v. APWU National Labor Organization, 2016 U.S. App. LEXIS 12395 (9th Cir. July 5, 2016).

Note: We analyze cases to learn rules the courts will follow or disappoint us if they don't. Rules that the courts follow allow us to behave and provide explanations they accept. But competent advocates may limit the rules to the facts of the case where they are discussed, or expand rules by showing that differences in other cases are irrelevant.