Labor Unions
International Brotherhood of Electrical Workers v. T&H Services (10th Cir., August 6, 2021) (affirming summary judgment in favor of T&H that wage dispute was not arbitrable: the collective bargaining agreement did not govern classification of workers; that is a matter for determination under the Davis-Bacon Act)
Workers’ compensation ~ Occupational Safety and Disease
Boynton v. Kennecott Utah Copper, LLC (Utah, August 5, 2021) (affirming denial of summary judgment in favor of Kennecott and reversing summary judgment in favor of PacifiCorp and Conoco: premises owners are liable to their employees’ cohabitants for take-home asbestos exposure and genuine issues of material fact exist as to PacifiCorp’s control over Jelco-Jacobsen, one of Boynton’s employers)
Kirk v. Anderson, M.D. (Utah, August 5, 2021) (affirming dismissal of Kirk’s complaint for failure to state a claim: a health care provider conducting an independent medical examination doesn‘t owe an actionable duty of care to the
person being evaluated)
*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
