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VICTORIES
- Segal Roitman recently obtained a decision of nationwide significance interpreting the whistleblower provisions of the Sarbanes Oxley Act. In the case, U.S. District Court Judge Douglas P. Woodlock ruled that contractors and subcontractors to publicly traded companies are prohibited from retaliating against their employees who engage in protected whistle blowing activity. The decision is particularly critical in the mutual fund industry, where mutual funds typically have no employees but hire investment advisors and other companies to conduct their business. The Sarbanes Oxley whistleblower provisions were enacted following the Enron scandal because of the critical importance to the public of whistle blowing by employees, and the need for protection for such employees from retaliation by their employers.
- Jury finds for Deputy U.S. Marshall.
After a seven day trial a United States District Court jury found that former U.S. Marshall Anthony Dicchio had retaliated against Deputy U.S. Marshall Cynthia Bohn. Total damages, fees and costs exceed half a million dollars.
This victory came on the heels of a First Circuit Court of Appeals decision ruling the Deputy U.S. Marshall was entitled to a new trial. The original trial judge had ruled against the Deputy Marshall, but after appeal by Segal Roitman, the Court of Appeals ordered a new trial.
- Utility Workers Local 369 won a critical victory when it negotiated two contracts at the Covanta SEMASS facility in West Wareham, Massachusetts. That ratification vote brings a nearly two-year fight to a close and settles a $1.5 million dollar back pay award arising out of an unfair labor practice case. Segal Roitman represented Local 369 in all of the litigation leading to the two contracts, including an administrative proceeding before an Administrative Law Judge of the NLRB, as well as a federal court suit brought by the NLRB on behalf of Local 369.
- SEIU Local 888 has become the first union in Massachusetts to obtain recognition through a private sector card check under the state’s new Written Majority Authorization law. (Read the recognition order.)
- IUOE Local 4, won a major victory before the National Labor Relations Board, Region I. On the heels of the highly controversial Oakwood decision, Region I found that the plant lead person was not in fact a supervisor. The decision helped to pave the way for a successful organizing campaign. The Union won the election by a wide margin.
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