The following is a sampling of published court decisions in cases litigated by our firm:

Alch, et al. v. Superior Court (Time Warner Entertainment, et al.), 122 Cal.App.4th 339, 19 Cal.Rptr.3d 29, 94 F.E.P. 793 (2004) (television writers permitted to proceed beyond pleading stage on classwide claims of a pattern or practice of age discrimination under the Fair Employment and Housing Act and Unruh Civil Rights Act)

Amalgamated Clothing & Textile Workers Union v. Murdock, 861 F.2d 1406, 10 E.B.C. 1488 (9th Cir. 1988) (imposition of a constructive trust is appropriate under ERISA even though retirees received all of their plan benefits, since a constructive trust is the only way to deny the owner of the company the ill-gotten profits he allegedly received by using plan assets to fund his takeover of other companies)

Armistead v. Vernitron Corp., 944 F.2d 1287, 138 L.R.R.M. 2559 (6th Cir. 1991) (retirees could use extrinsic evidence to show that plan booklet mistakenly limited benefits; employer cannot unilaterally terminate retirees' medical and life insurance benefits under terms of a collective bargaining agreement or benefit plan under ERISA)

Bayramian v. Int'l Light Metals Corp., 148 L.R.R.M. 2509 (C.D. Cal. 1992) (summary judgment for Union because state law claims including alleged fraud and contract breach were barred by limitations period and Section 301 preemption)

Bellas v. CBS, Inc., 73 F.Supp.2d 500, 23 E.B.C. 1488 (W.D. Pa. 1999) (employer violated ERISA by reducing worker's permanent job separation benefit where he satisfied pre-amendment conditions for the benefit)

Bellas v. CBS, Inc., 201 F.R.D. 411, 25 E.B.C. 2594 (W.D. Pa. 2000) (class certification granted for one sub-class because there was at least one common question of law regarding employer's impermissible pension plan amendment)

Block v. City of Los Angeles, 253 F.3d 410 (9th Cir. 2001) (awarding overtime pay to hundreds of city employees who were subject to partial week suspensions)

Boys Markets, Inc. v. Retail Clerks Local 770, 398 U.S. 235, 90 S.Ct. 1583, 26 L.Ed.2d 199, 74 L.R.R.M. 2257 (1970) (federal courts have power to enjoin strikes over arbitrable grievances, but only to the extent that traditional equitable principles would authorize injunctive relief)

Bratton v. Bethlehem Steel Corp., 649 F.2d 658, 26 F.E.P. 783 (9th Cir. 1980) (trial court properly granted summary judgment in favor of Union because appellants failed to name Union in charges before the EEOC, which was a mandatory prerequisite before filing suit)

California Teachers Ass'n v. Cory, 155 Cal.App.3d 494, 202 Cal.Rptr. 611 (1984) (compelled State of California to fund the state teachers' retirement fund on constitutional grounds)

California Teachers Ass'n v. San Diego Community College District, 28 Cal.3d 692, 170 Cal.Rptr. 817 (1981) (successful suit to obtain pro rata pay for part-time teachers)

Combs v. Rockwell Int'l Corp., 927 F.2d 486 (9th Cir. 1991) (court dismissed lawsuit against union and affiliates because plaintiff's counsel falsified his client's deposition)

Evans v. Unemployment Ins. Appeals Board, 39 Cal.3d 398, 216 Cal.Rptr. 782 (1985) (lump sum payment to retirees for unused accrued vacation pay could not be offset against unemployment benefits to which retirees were otherwise entitled)

Federated Dep't Stores v. United Food & Commercial Workers Union, Local 1442, 901 F.2d 1494, 134 L.R.R.M. 2162 (9th Cir. 1990) (court upholds arbitrator's decision reinstating employee because employer did not conduct fair investigation, even if employer might have been able to prove that employee was guilty of theft; arbitrator's determination that minimum procedural due process is a component of good cause drew its essence from collective bargaining agreement)

Gilles v. Dep't of Human Resources Development, 11 Cal.3d 313, 113 Cal.Rptr. 374 (1974) (recoupment of unemployment benefit overpayments was permitted only where it was not against "equity and good conscience," which was not established solely by claimant's receipt of a form notice)

Hawkins v. Bennett, 704 F.2d 1157, 113 L.R.R.M. 3585 (9th Cir. 1983) (union's petition for appointment of arbitrator to resolve benefits dispute granted because trust agreement provided that disputes regarding plan administration are subject to resolution by impartial umpire)

Herman v. UAW, Local 148, 171 L.R.R.M. 2254 (9th Cir. 2001) (union election would not be overturned because incumbent union president's column in union newsletter was not an impermissible campaign expenditure, since column did not attack one candidate or support another)

International Union of Petroleum & Industrial Workers v. NLRB (Irwin Industries, Inc.), 980 F.2d 774, 142 L.R.R.M. 2012 (D.C. Cir. 1992) (union that represented former employees of oil refinery contractor who were hired by smaller employer that took over predecessor's contract was entitled to represent all employees in unit formed after merger of the two employee groups)

Los Angeles Dep't of Water & Power v. Manhart, 435 U.S. 702, 98 S.Ct. 1370, 55 L.Ed.2d 657 (1978) (City violated Title VII by providing unequal pension benefits to male and female workers; court rejected City's defense that women workers would earn more over their retirement because they outlive men)

Malhiot v. Southern California Retail Clerks Unions & Drug Employers Trust Funds, 735 F.2d 1133 (9th Cir. 1984) (court upheld trust fund trustees' denial of payment of medical benefits to a beneficiary, who at time of the accident was not legally married to the participant)

NLRB v. Advanced Stretchforming Int'l, Inc., 233 F.3d 1176, 165 L.R.R.M. 2871 (9th Cir. 2000) (successor employer who told employees there would be "no union, no seniority, no nothing" was not only obligated to bargain with union, but required to restore old terms and conditions of employment that predecessor employer had provided)

Orange Belt District Council of Painters No. 48 v. Kashak, 774 F.2d 985, 120 L.R.R.M. 3036 (9th Cir. 1985) (a labor agreement became a collective bargaining agreement when a union attained majority support and a subsequent unilateral repudiation of the agreement by the employer did not relieve him of his obligations under it)

Paramount Unified School District v. Teachers Ass'n of Paramount, 26 Cal.App.4th 1371, 32 Cal.Rptr.2d 311, 147 L.R.R.M. 2047 (1994) (probationary teachers who were not given the evaluation to which they were entitled under the collective bargaining agreement were entitled to backpay for the following year, even if they could not be reinstated)

Probe v. State Teachers' Retirement System, 780 F.2d 776, 6 E.B.C. 2807 (9th Cir. 1986) (state teachers' retirement system's payment of lesser monthly benefits to men violated Title VII and constituted discrimination in the payment of wages in violation of Equal Pay Act)

Rinard v. Eastern Co., 978 F.2d 265, 15 E.B.C. 2708 (6th Cir. 1992) (requiring distribution of residual funds in ERISA pension plan among employees)

Rodriguez v. Bethlehem Shipyard, 115 L.R.R.M. 3384 (C.D. Cal. 1982) (summary judgment for union in an action for breach of duty of fair representation because claims were barred as moot under doctrine of accord and satisfaction)

Ruggles v. California Polytechnic University, 797 F.2d 782, 41 F.E.P. 997 (9th Cir. 1986) (state university required to undo discrimination against professor denied tenure-track position because of her complaints of sex discrimination)

Santa Monica Culinary Welfare Fund v. Miramar Hotel Corp., 920 F.2d 1491, 13 E.B.C. 1414 (9th Cir. 1990) (benefit plan had right under ERISA to audit payroll records of employer because the trust agreement allowed for such auditing; employer that had agreed to contribute to plan could not rely on collective bargaining agreement to limit plan's right to audit)

Stanford v. Unemployment Ins. Appeals Board, 147 Cal.App.3d 98, 195 Cal.Rptr. 1 (1983) (employee who elected to accept layoff to allow junior employee to continue working was entitled to unemployment benefits)

United Food & Commercial Workers Union, Local 770 v. Lucky Stores, Inc., 806 F.2d 1385, 124 L.R.R.M. 2187 (9th Cir. 1986) (federal courts obligated to order arbitration under contract's broad arbitration clause, notwithstanding employer's claim that the union's grievances provided too little detail)

United Food & Commercial Workers Union v. Superior Court, 83 Cal.App.4th 566, 99 Cal.Rptr.2d 849, 168 L.R.R.M. 2882 (2000) (denying employer's claim for injunctive relief against union picketing because it failed to show that law enforcement officers were unable or unwilling to provide adequate protection for its property)

United States v. International Union of Petroleum & Industrial Workers, 870 F.2d 1450 (9th Cir. 1989) (International Union could not be compelled to produce the election records of local unions pursuant to one subpoena because the International constitution did not provide for the right to the records upon demand and the International Union did not control the records sought)

USCP-WESCO, Inc. v. NLRB, 827 F.2d 581, 126 L.R.R.M. 2391 (9th Cir. 1987) (dispute over subcontracting of bargaining unit work was not jurisdictional dispute; employer could not avoid arbitration awards requiring it to terminate contracts with outside vendors by asking NLRB to award work to the subcontractor)