This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Frederic Block granted interim relief, pursuant to 29 USC §160(j), pending the adjudication of an unfair labor practices complaint. Judge Arthur D. Spatt permitted another organization to succeed ACORN in a Nassau County fair housing suit. Judge Brian M. Cogan held, with respect to defendants’ agreement to pay plaintiffs’ legal fees, that plaintiffs’ union could not ethically receive more than its own fees and costs for work done by its staff counsel on plaintiffs’ behalf, unless payments went to a separate legal fund. And Judge Block rejected the government’s jurisdictional defenses under the Federal Tort Claims Act.

Unfair Labor Practice

In Blyer v. One Stop Kosher Supermarket Inc., 10 CV 1956 (EDNY, June 29, 2010), Judge Block, granting a petition for temporary relief filed by the Regional Director of the National Labor Relations Board (NLRB), ordered the respondent company to bargain with, and provide relevant information to, Local 338, Retail, Wholesale and Department Store Union, United Food and Commercial Workers. The interim relief was granted pursuant to 29 USC §160(j), pending the NLRB’s adjudication of an unfair labor practices complaint against the company.

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