-
Washington Education Association v. National Right,
in which the Washington Education Association (WEA), the collective
bargaining union representing Washington public education employees, appeals
the district court's judgment dismissing its diversity breach of contract
action against the National Right to Work Foundation. WEA alleged that the
foundation violated an agreement which settled prior to the 1996 litigation,
(Leer v. WEA), over the agency fees charged to employees by WEA. WEA
contends that the Leer agreement bars the foundation from supporting any
later litigation challenging WEA's agency fees. Case 04-35772.
-
Jouzine v. Gonzales, in which Jim Abdalla Jouzine,
a native and citizen of Israel, petitions for review of the BIAs summary
affirmance without opinion of an immigration judge's order on remand finding
him excludable based on his misrepresentation of facts in his testimony in
support of his application for adjustment of status based on his 1993
marriage to a United States citizen. Case 04-72573.
-
Sowah v. Gonzales, in which Justice Okoe
Sowah, a native and citizen of Ghana, petitions for review of an order of
the BIA affirming without opinion an immigration judge's denial of his
application for adjustment of status. Sowah sought adjustment of status in
order to pursue a waiver of inadmissibility under U.S.C. 1182. Case
04-74409.
-
Atkins v. Praxair, in which Roger Atkins, John
Peel and Cheri Peel appeal the district court's summary judgment in favor of
Praxair, Inc., in their action for wrongful termination in violation of
public policy under the state of Washingtons Minimum Wage Act. The case was
removed to federal court after Praxair asserted preemption under 301 of
the Labor Management Relations Act (LMRA). The district court held that the
LMRA preempted plaintiffs' claims because they alleged breach of the terms
and conditions of a union contract and determination of those claims require
interpretation of the provisions of that contract. The district court
further held that plaintiffs' 301 claims were time-barred because they
failed to appeal an arbitrator's award in their union arbitration under the
collective bargaining agreement, and that even if their claims were not
time-barred, they are barred by terms of a settlement agreement signed in a
separate state court wage and hour action. Case 04-35846.
-
Bridgeport Way Comm v. Lakewood, in which
the Bridgeport Way Community Association and individual association members
appeal the district court's summary judgment in favor of the City of
Lakewood, Wash., and others in the Association's 42 U.S.C. 1983 action
alleging that the city violated the association's constitutional First
Amendment rights of free speech and the right to petition their elected
officials, arising from Wal-Mart Stores, Inc.'s proposal to construct a new
Wal-Mart store on Bridgeport Way in Lakewood. Wal-Mart proposed legislation
to amend the city's Comprehensive Plan and zoning code, which would enable
its proposed development. Association members sought to informally discuss
the proposed amendments with the City Council members, the City Attorney
prohibited the discussions, and the City Council voted to approve the
amendments. Case 04-35915.
-
Systems West v. NLRB, in which Systems West
LLC petitions for review of a decision and order of the NLRB affirming an
administrative law judge's decision finding that Systems West violated
8(a)(1) of the Labor Management Relations Act during a campaign by the
carpenters union to organize workers. The NLRB also sustained the union's
objections to the election and ordered a new election. Case 04-74764. The
NLRB cross-petitions to enforce its order. Case 04-76211.