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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2023 NY Slip Op 00704 [213 AD3d 1050]
Regular Panel Decision
Feb 09, 2023

Matter of Paka (Same Day Delivery Inc.--Commissioner of Labor)

The case involves Jacques Paka, a delivery driver, who applied for unemployment insurance benefits after working for Same Day Delivery Inc. The Department of Labor initially determined Paka was an employee, making Same Day liable for contributions. The Unemployment Insurance Appeal Board initially overruled this, finding Paka to be an independent contractor. However, upon reconsideration requested by the Commissioner of Labor, the Board rescinded its prior decision and sustained the Department's original determination, finding an employment relationship. The Appellate Division, Third Department, affirmed the Board's decision, rejecting Same Day's arguments against the reopening of the case and finding substantial evidence to support the Board's conclusion that Same Day exercised sufficient control over Paka to establish an employment relationship. The Court also affirmed that these findings apply to similarly situated individuals.

Unemployment InsuranceIndependent ContractorEmployment RelationshipControl TestAppellate ReviewUnemployment Insurance Appeal BoardLabor LawUnemployment BenefitsDelivery DriverSubstantial Evidence
References
11
Case No. MISSING
Regular Panel Decision

Abraham & Straus, Inc. v. International Union of Operating Engineers, Local Union No. 30

Abraham & Straus (A&S) sought a preliminary injunction against defendant Local 30 to stop picketing and job actions concerning engineer and mechanic staffing at a new Roosevelt Field store. A&S argued these actions violated their collective bargaining agreement's no-strike and arbitration clauses. Local 30 contended the dispute was purely representational, not arbitrable, and that Boys Markets relief did not apply to picketing alone. The court found the dispute arbitrable due to the broad arbitration clause and the union's previous intent to arbitrate. It also determined that Boys Markets injunctions could cover picketing, especially when it caused work stoppages, ultimately granting A&S's request and ordering arbitration.

Labor DisputePreliminary InjunctionCollective Bargaining AgreementArbitration ClauseNo-Strike ClausePicketingWork StoppageBoys Markets ExceptionLabor Management Relations ActFederal Court Jurisdiction
References
14
Case No. MISSING
Regular Panel Decision

Hartnett v. New York City Transit Authority

This case addresses the appropriate time limitations for actions brought by the Commissioner of Labor under the Public Employee Safety and Health Act (PESH Act), Labor Law § 27-a (10). Specifically, it examines whether the Commissioner is barred from suing an employer for discrimination if the employee's complaint was filed more than 30 days after the alleged discriminatory act. The New York City Transit Authority suspended 12 workers in 1986, leading to a complaint filed by the Transport Workers Union 63 days later, alleging a PESH Act violation. The Supreme Court dismissed the Commissioner's subsequent action, finding the complaint was not filed within the 30-day period stipulated by Labor Law § 27-a (10). The Appellate Division affirmed, holding that the 30-day period is a Statute of Limitations, and the Commissioner failed to establish equitable tolling, thus precluding the action.

PESH ActLabor LawStatute of LimitationsDiscrimination ClaimPublic Employee SafetyOSHA InterpretationStatutory ConstructionTimeliness of ComplaintEquitable TollingJudicial Review
References
11
Case No. MISSING
Regular Panel Decision

Local 205, Community and Social Agency Employees'union v. Day Care Council of Ny Inc.

Local 205, Community and Social Agency Employees’ Union petitioned for confirmation and enforcement of an arbitration award against the Day Care Council of New York, Inc. (DCC). The award arose from employee grievances against the now-closed Georgia-Livonia Day Care Center. The Union argued that the award should be interpreted as binding upon DCC, a multi-employer bargaining association, despite not explicitly naming DCC for relief. DCC contended it was not a party to the arbitration agreement in the collective bargaining agreement (CBA) and therefore not obligated to arbitrate disputes involving itself. The court, after reviewing the CBA's language and the parties' past conduct, found no agreement by DCC to arbitrate. It also ruled that DCC's defenses were not time-barred by either the Federal Arbitration Act or New York C.P.L.R. § 7511, as these limitations do not apply to arguments challenging the existence of an arbitration agreement itself. Consequently, the Union's petition for confirmation and enforcement of the award against DCC was denied.

Arbitration AwardCollective Bargaining AgreementGrievance ProcedureMulti-Employer AssociationAgreement to ArbitrateFederal Arbitration ActLabor Management Relations ActConfirmation of AwardEnforcement of AwardSouthern District of New York
References
25
Case No. 452726/24
Regular Panel Decision
Feb 05, 2026

Matter of New York City Tr. Auth. v. Local 100, Transp. Workers Union

The Supreme Court affirmed the order of the New York County Supreme Court, which granted the petition to vacate an arbitration award and denied the grievance. The case involved the New York City Transit Authority (NYCTA) and Local 100, Transport Workers Union. The Supreme Court correctly determined that the arbitrator exceeded his authority by rewriting the parties' collective bargaining agreement. Specifically, the arbitrator implicitly added a new term regarding the scheduling of hearings within 30 "calendar days" before returning an employee to payroll, which contradicted the contract's provision for "30 days," where non-working days are excluded. This interpretation impermissibly limited NYCTA's time to schedule a hearing.

Arbitration AwardVacaturCollective Bargaining AgreementPublic PolicyArbitrator AuthorityContract InterpretationPre-Disciplinary SuspensionTime CalculationJudicial ReviewAppellate Division First Department
References
5
Case No. MISSING
Regular Panel Decision
Mar 22, 1971

Claim of Pollak v. Robert Day, Inc.

The Workmen’s Compensation Board awarded disability benefits to a waiter under the Disability Benefits Law, finding him to be a 'shape-up worker' concurrently employed by Creative Caterers, Inc. and Robert Day, Inc. The claimant fell ill in February 1970 and was hospitalized, having worked for both employers in the same calendar week. Appellants challenged the board's finding of concurrent employment, citing the claimant's sporadic work record and arguing a lack of substantial evidence. The court affirmed the board's decision, asserting that concurrent employment and eligibility are questions of fact solely within the board's province, and its conclusion was supported by sufficient evidence. The court clarified that regular employment by the *same* employers within the same calendar week is not necessary; only regular and customary employment by more than one covered employer within the same week is required.

disability benefitsconcurrent employmentshape-up workerWorkmen's Compensation LawArticle 9substantial evidencequestion of factapportionmentemployer liabilityappellate review
References
0
Case No. MISSING
Regular Panel Decision

Grimmer v. Lord Day & Lord

This case is a class action brought under the Worker Adjustment and Retraining Notification Act (WARN Act) by former employees of the law firm Lord Day & Lord, Barrett Smith. The employees alleged that the firm violated the WARN Act by closing its offices without providing the required sixty days' advance notice. Lord Day asserted statutory exceptions, specifically the 'faltering company' and 'unforeseeable business circumstances' exceptions, as affirmative defenses. Plaintiffs moved for partial summary judgment, contending that Lord Day's notice was insufficient as it merely recited the language of a statutory exception without providing a 'brief statement of the basis' for reducing the notice period. The court agreed with the plaintiffs, ruling that simply citing a statutory exception is inadequate and that specific factual basis is required, thus granting the motion and striking Lord Day's affirmative defenses.

WARN Actplant closingmass layoffnotice periodunforeseeable business circumstancesfaltering company exceptionaffirmative defensessummary judgmentstatutory interpretationemployee rights
References
2
Case No. MISSING
Regular Panel Decision

Same Day Delivery Service, Inc. v. Penn Star Insurance

Same Day Delivery Service, Inc. sued its insurer, Penn-Star Insurance Company, seeking a declaration that Penn-Star must cover a personal injury lawsuit filed against Same Day. Penn-Star moved for summary judgment, arguing Same Day failed to provide timely notice of the claim and that the incident was excluded from the policy. The Court granted Penn-Star's motion for summary judgment, concluding that Same Day's notice to Penn-Star was untimely by approximately ten months, or at least two months even under Same Day's arguments, and that the delay was inexcusable under New York law. Consequently, Penn-Star is not obligated to provide coverage.

Insurance LawSummary JudgmentTimely NoticePolicy CoverageDeclaratory JudgmentPersonal InjuryNew York LawInsurance Policy ExclusionCommercial General LiabilityAs Soon As Practicable Clause
References
39
Case No. MISSING
Regular Panel Decision

Spira v. Ethical Culture School

Bernard R. Spira, a plaintiff, sued his former employer, Ethical Culture School, and three individuals for age discrimination. He filed the complaint with the EEOC in September 1992 and received a 'Right-to-Sue' letter on November 8, 1994, which stated a 90-day period to file suit. Spira filed suit on March 7, 1995, approximately 114 calendar days after receipt. He argued that an EEOC worker orally misinformed him that the 90-day period was in working days, not calendar days. The defendants moved to dismiss based on the failure to comply with the 90-day limitations period. The court granted the motion, finding no extraordinary circumstances or affirmative misconduct by the EEOC to warrant equitable tolling of the limitations period.

Age DiscriminationEmployment LawStatute of LimitationsEquitable TollingEEOC ProceduresRight-to-Sue LetterMotion to DismissRule 12(b)(6)Affirmative MisconductFederal Courts
References
7
Case No. MISSING
Regular Panel Decision

Trustees of International Union of Operating Engineers Local 30 Benefits Funds v. Nyack Hospital

The case concerns an action by the Trustees of the International Union of Operating Engineers, Local 30 Benefit Funds against Nyack Hospital to enforce an arbitration award mandating an audit of the hospital's books. The Defendant refused to participate in arbitration, arguing no agreement to arbitrate existed. The District Court denied the Plaintiffs' motion to confirm the award and granted the Defendant's cross-motion to vacate and dismiss the complaint. The court ruled that the right to arbitrate a payroll audit, as stipulated in the Trust Agreement or Collection Policy, was not an "essential" provision binding on a non-signatory employer like Nyack Hospital. Furthermore, the court found that the Defendant had not waived its right to challenge the arbitration, as the ninety-day statute of limitations did not apply to challenges based on a complete lack of an agreement to arbitrate.

Arbitration AwardArbitrabilityCollective Bargaining AgreementTrust AgreementERISALabor Management Relations ActBenefit FundsPayroll AuditNon-signatoryStatute of Limitations
References
21
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