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

Case No. 2022 NY Slip Op 00229
Regular Panel Decision
Jan 13, 2022

Matter of Patsis (Legal Interpreting Servs., Inc.--Commissioner of Labor)

The case concerns an appeal by Legal Interpreting Services, Inc. (LIS) from a decision of the Unemployment Insurance Appeal Board. The Board had ruled that Louiza Patsis, a linguist working for LIS, was an employee and that LIS was liable for unemployment insurance contributions. LIS contended that Patsis was an independent contractor and challenged the Board's adherence to Department of Labor guidelines. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the finding of an employment relationship. The court noted the control LIS exercised over its linguists through a written agreement and job assignments, and found no inconsistency with the Department of Labor guidelines.

unemployment insuranceemployment relationshipindependent contractorappellate divisionlabor lawunemployment benefitsstatutory interpretationsubstantial evidenceadministrative reviewlegal interpreting
References
7
Case No. MISSING
Regular Panel Decision
Aug 24, 1999

Town of Hempstead v. Inc. Village of Atlantic Beach

This case involves two related actions arising from inter-municipal agreements for waste disposal services. The defendants appealed from initial court orders concerning their obligations to pay minimum waste commitment tonnage fees and their entitlement to various credits, including those for private carters, recyclable materials, and yard waste. The plaintiffs cross-appealed regarding the methodology for calculating yard waste credits and the fees for using the Town's transfer facility. The Supreme Court, Nassau County, issued an initial order and a subsequent amended order upon reargument, clarifying several points. The Appellate Division affirmed the amended order, holding that the agreements unambiguously required villages to pay minimum tonnage fees regardless of actual waste delivered. The court also determined that the villages were only obligated to pay transfer facility fees based on actual waste delivered and that any ambiguities regarding yard waste credits should be interpreted against the Town as the drafter of the agreements.

Inter-municipal agreementsWaste disposalSummary judgmentContract interpretationMinimum commitment feesYard waste creditTransfer facility feesUnambiguous agreementsExtrinsic evidenceAmbiguity construction
References
10
Case No. MISSING
Regular Panel Decision

4200 Avenue K LLC v. Fishman

This case involves a dispute between Employer, 4200 Avenue K, LLC, and Local 32B-32J, SEIU, AFL-CIO, regarding a collective bargaining agreement. The employer moved for summary judgment to permanently stay arbitration, asserting it had properly canceled the agreement and withdrawn union recognition. The union cross-moved to compel arbitration, arguing the cancellation was ineffective due to the employer's failure to negotiate a successor agreement, and that the broad arbitration clause covered disputes over contract interpretation and termination. District Judge Robert L. Carter denied the employer's motion and granted the union's cross-motion, ruling that the arbitrability of the dispute, including the interpretation of the evergreen clause and the agreement's termination, falls within the scope of the arbitration clause. The court also found the motion to compel arbitration to be timely and that deferral to the NLRB was not required as the central issue was contractual interpretation.

ArbitrationCollective Bargaining AgreementEvergreen ClauseContract InterpretationSummary JudgmentLabor DisputesUnion RecognitionFederal CourtsNLRB JurisdictionTimeliness
References
18
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Genuth & S. B. Thomas, Inc.

The case involves a dispute between parties to a collective bargaining agreement regarding the application of the 'anti-pyramiding' clause concerning overtime and invasion of rest period pay. The core issue was whether the rest period was curtailed by overtime worked before it began or by an early return to work. The employer argued for the former, which would activate the anti-pyramiding clause, while the union advocated for the latter, negating the clause's impact and increasing worker pay. The arbitrator sided with the union's interpretation. The court subsequently denied the employer's motion to vacate the arbitration award and granted the union's cross-motion to confirm it, affirming that the arbitrator's interpretation was permissible and within his competence.

arbitrationcollective bargaining agreementanti-pyramiding clauseovertime payrest period paylabor disputearbitration award confirmationcontract interpretationarbitrator's competencejudicial review of arbitration
References
0
Case No. MISSING
Regular Panel Decision

Board of Trustees of the Sheet Metal Workers Local Union No. 137 Insurance Annuity & Apprenticeship Training Funds v. Vic Construction Corp.

The case involves the Board of Trustees of Sheet Metal Workers Local Union No. 137 Insurance, Annuity and Apprenticeship Training Funds and the Executive Board of Sheet Metal Workers Local Union No. 137 (plaintiffs) suing Vic Construction Corporation and Charles Nalbone (defendants). Plaintiffs alleged that Vic Construction failed to make payments to the Funds in violation of a collective bargaining agreement and ERISA, and that Charles Nalbone operated Vic Construction as his alter ego. The core dispute revolves around an oral settlement agreement made on January 6, 1993, where Nalbone stipulated to an indebtedness of $26,935.26 and personally guaranteed payment. Defendants later refused to sign a written agreement, citing a subsequent Second Circuit decision in Sasso v. Cervoni which reversed a prior ruling regarding individual liability for corporate ERISA obligations. The court ruled that federal common law should govern the validity of the oral settlement agreement in ERISA disputes, rather than New York's Rule 2104 requiring a writing. Applying factors for determining intent to be bound, the court found that the parties intended to be bound by the oral agreement. The defendants' request to rescind the agreement due to a subsequent change in legal interpretation was denied, as a 'poor prediction of events' or changes in judicial interpretation of statutes do not constitute a mistake warranting rescission. Therefore, the plaintiffs' motion to enforce the agreement was granted.

ERISAOral Settlement AgreementContract EnforcementFederal Common LawNew York Civil Practice Law and RulesAlter EgoCorporate LiabilityMistake of LawJudicial InterpretationCollective Bargaining Agreement
References
20
Case No. MISSING
Regular Panel Decision

Trustees of ALA-Lithographic Pension Plan v. Crestwood Printing Corp.

The Trustees of the ALA-Lithographic Industry Pension Plan (IPP) sued Crestwood Printing Corporation (Crestwood) under ERISA and LMRA for allegedly failing to make required pension contributions, specifically regarding the inclusion of overtime pay in base pay calculations. The dispute revolves around the interpretation of three agreements between Crestwood and the Amalgamated Lithographers of America, Local One. Plaintiff filed a motion in limine to exclude evidence concerning the validity of Agreement #3 and the interpretation of the 1997 Memorandum of Agreement. The court denied the plaintiff's motion, ruling that Crestwood's defense of fraud in the execution (which argues Agreement #3 is void) is permissible under ERISA and not preempted by the NLRA. The court also allowed the use of extrinsic evidence to clarify the ambiguous 1997 MOA and permitted Crestwood's ratification defense.

ERISALMRACollective Bargaining AgreementPension ContributionsFraud in the ExecutionMotion in LimineContract InterpretationOvertime PayAffirmative DefenseNLRB Jurisdiction
References
17
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Dworkes & Chalek

This case involves an application by a petitioner to stay arbitration against respondent Chalek, stemming from disputes related to a partnership agreement dated July 18, 1961. The partnership agreement includes an arbitration clause for controversies arising out of the contract. The petitioner argued that the disputes were not subject to arbitration due to unambiguous terms, lack of explicit arbitrator permission for interpretation, and the improper inclusion of an agreement without an arbitration clause. The court found the petitioner's contentions without merit, affirming that while the court determines if an arbitrable dispute exists, the interpretation of a broadly agreed-upon arbitration clause is for the arbitrators. Consequently, the motion to stay arbitration was denied, the petition dismissed, and the parties were directed to proceed to arbitration.

ArbitrationContract InterpretationPartnership DisputeStay of ArbitrationMotion DeniedArbitrabilityScope of ArbitrationAmerican Arbitration AssociationDispute ResolutionJudicial Review
References
3
Case No. MISSING
Regular Panel Decision

New York City Transit Authority v. Patrolmen's Benevolent Ass'n

This appellate decision concerns an appeal from a Supreme Court, Kings County judgment dated April 12, 1985, which granted an application to vacate an arbitration award. The appellate court affirmed this judgment, concluding that the arbitration award was invalid because the arbitrator exceeded his defined powers. The collective bargaining agreement explicitly restricted the arbitrator's authority to the interpretation and application of the agreement's provisions. However, the arbitrator improperly relied on past practices to find a violation, effectively bypassing express contractual terms and rewriting the agreement without citing a specific violated provision. The court emphasized that while considering past practices can aid interpretation, it cannot override clear contract language or imply new terms, which would constitute an overreach of arbitral power.

Arbitration awardVacate awardArbitrator's powerCollective bargaining agreementContract interpretationPast practicesExceeded authorityCPLR 7511Appellate reviewLabor dispute
References
7
Case No. MISSING
Regular Panel Decision

Kent v. Lefkowitz

This dissenting opinion addresses an improper practice charge filed by the Public Employees Federation (PEF) against the New York State Racing and Wagering Board (the Board). The core disagreement lies in whether the Board satisfied its obligation to negotiate wages for seasonal employees. The dissent argues that the Public Employment Relations Board (PERB) correctly found the Board fulfilled its duty through a comprehensive October 1995 side letter agreement. This agreement, titled "MEMORANDUM OF INTERPRETATION," covered various compensation and employment benefits for seasonal personnel from 1995 to 1999. The dissenting judge believes PERB's interpretation of this agreement, indicating a full accord on wage-setting discretion, was rational and should have led to the affirmation of the Supreme Court's dismissal of the CPLR article 78 petition. However, the majority decision reversed the judgment, annulled the determination, and remitted the matter to PERB for further proceedings.

Collective BargainingSeasonal EmployeesWage NegotiationImproper Practice ChargePublic Employment RelationsDuty to NegotiateSide Letter AgreementState Finance LawCivil Service LawCPLR article 78
References
7
Case No. MISSING
Regular Panel Decision

Conroy v. Conroy

O’Connor, J., dissents from the majority's decision concerning the interpretation of an ambiguous child support provision within a separation agreement. The key dispute revolves around a clause obligating the defendant to pay '1% of any gross annual increase in the husband’s earnings from the amount set forth above ($8,000), payable on a weekly basis.' The judge argues that the majority's interpretation, which would result in the defendant paying 52% of any income increase over $8,000 annually, is highly implausible. This interpretation would lead to excessively high child support payments for a single child, especially considering the plaintiff's subsequent employment and the defendant's other financial commitments. O’Connor, J. contends that the failure to conduct an evidentiary hearing to ascertain the parties' original intentions during the drafting of the separation agreement constitutes a gross abuse of discretion and has resulted in a significant injustice to the defendant. Therefore, the judge advocates for reversing the order and remanding the matter to Special Term for such a hearing.

Child SupportSeparation AgreementAmbiguous ContractEvidentiary HearingContract InterpretationMarital AgreementJudicial DissentSpousal ObligationsIncome IncreaseFinancial Obligation
References
1
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