“A general presumption against continued representation rights of a union vis-à-vis a former bargaining-unit member, absent a showing that the former member in some way authorized the representation, strikes us as consistent with federal labor policy generally.”
A mandatory arbitration agreement entered into by SEIU on behalf of home health aides cannot be used to bind former members who had left their jobs prior to the agreement to arbitrating their claims, ruled the Second Circuit, vacating a district court’s judgment insofar as it confirmed a settlement award’s application to the appellants. As to whether and to what extent the appellants and the classes they sought to represent are entitled to recovery on their statutory wage claims, the court left for the state courts to address in the first instance (1199 SEIU United Healthcare Workers East v. Chinese-American Planning Council Home Attendant Program, Nos. 21-631, 21-633, and 22-1587 (2d Cir. July 10, 2026)).
The consolidated appeals in this case concerned claims for statutory wage-and-hour law violations pursued by SEIU in a 2019 arbitration it brought against 42 employers on behalf of a class of more than 100,000 of its union’s members who worked as home healthcare aides in the New York City area.
Arbitral awards. In arbitral decisions issued in 2021 and 2022, the union won a multi-million dollar award.
MOA. The arbitration was brought by the union in reliance primarily on the terms of its 2015 Memorandum of...
A California man has been sentenced to 60 days in county jail after deliberately brake-checking a semi-truck during a road rage incident before attempting to profit from the crash through a fraudu...