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

Case No. MISSING
Regular Panel Decision

Schlesinger v. Quinto

The case involves a motion for a preliminary injunction by two unions, the International Ladies’ Garment Workers Union and the Joint Board of Cloakmakers Unions, against the Cloak, Suit and Skirt Manufacturers Protective Association. The unions sought to prevent the employer association from violating a collective bargaining agreement established in May 1919, which introduced a week-work system and reduced work hours. Despite a subsequent agreement in June 1921, the defendant association passed a resolution in October 1921 to revert to a piece-work system, increase working hours, and reduce wages, which the plaintiffs contended was a material breach of contract and a conspiracy. The court, emphasizing the mutuality of equitable remedies for both employers and employees, found the original contract to be in force and the defendant's actions to constitute a breach, thus granting the motion for a preliminary injunction.

Labor disputeCollective bargainingInjunctionWeek-work systemPiece-work systemBreach of contractConspiracyEmployer-employee relationsTrade union rightsEquity jurisprudence
References
3
Case No. 2018 NY Slip Op 06537 [165 AD3d 667]
Regular Panel Decision
Oct 03, 2018

Matter of Heritage Mech. Servs., Inc. v. Suffolk County Dept. of Pub. Works

This case involves an appeal by Heritage Mechanical Services, Inc. (petitioner) from a judgment denying its petition to annul a determination by the Suffolk County Department of Public Works (DPW). The dispute stemmed from a general construction contract awarded to Posillico/Skanska, JV for a waste water treatment plant upgrade. Heritage was listed as a subcontractor for HVAC work, but a disagreement arose over the agreed-upon amount, with Heritage claiming a higher price for alternates not included in the initial bid figure. DPW approved Posillico's request to perform the HVAC work itself, citing Heritage's refusal as a 'legitimate construction need' under General Municipal Law § 101 (5). The Appellate Division, Second Department, affirmed the Supreme Court's judgment, finding DPW's determination was not arbitrary and capricious, affected by an error of law, or an abuse of discretion, and thus dismissed the proceeding.

Public Works ContractSubcontractor DisputeGeneral Municipal LawCPLR Article 78Administrative ReviewArbitrary and CapriciousProject Labor AgreementHVAC SubcontractBid DisputeContractual Interpretation
References
1
Case No. MISSING
Regular Panel Decision

R.M. Perlman, Inc. v. New York Coat, Suit, Dress, Rainwear & Allied Workers' Union Local 89-22-1

The case concerns plaintiffs R.M. Perlman Inc. and Rebecca Moses, who initiated an action under the NLRA against two labor unions, Local 89-22-1 and International Ladies’ Garment Workers’ Union. Plaintiffs sought damages alleging unfair labor practices related to the unions' picketing and a proposed "Hazantown Agreement." The central legal question involved whether four specific clauses within the agreement were protected by the garment industry proviso to NLRA § 8(e), thus making the unions' actions lawful. The court meticulously examined each contested clause—the Continuing Obligations, Trimmings, Struck Work, and Trucking Clauses—interpreting them within the context of the Hazantown Agreement and relevant legal precedents. Ultimately, the court determined that all challenged clauses fell within the protection of the garment industry proviso, concluding that the unions' picketing was not unlawful. Consequently, the plaintiffs' motion for summary judgment was denied, and the defendants' cross-motion for summary judgment was granted, dismissing the plaintiffs' complaint.

National Labor Relations ActGarment Industry ProvisoUnfair Labor PracticesSummary JudgmentLabor UnionsHot Cargo AgreementsHazantown AgreementSecondary PicketingIntegrated Process of ProductionJobbers
References
19
Case No. MISSING
Regular Panel Decision

Schwarcz v. International Ladies' Garment Workers' Union

Plaintiff's association, comprising 138 garment manufacturers in Manhattan, sought a preliminary restraining order against the International Ladies' Garment Workers' Union and its local branches, along with individual defendants. The plaintiffs alleged that the defendants interfered with their business through intimidation, threats, force, and fraud, aiming to compel the employment of only union members following a general strike in July 1910. The court found that the immediate purpose of the strike and the defendants' combination was unlawful, intending to drive non-union workers out of the trade. Consequently, the court partially granted the injunction, prohibiting unlawful picketing, violence, and threats against employees. However, it declined to restrain actions not explicitly threatened in the moving papers and did not issue an injunction against the individual defendants.

InjunctionLabor DisputeStrikeTrade UnionUnlawful ObjectClosed ShopPicketingViolenceRestraining OrderEmployers' Association
References
10
Case No. 2017 NY Slip Op 08382 [155 AD3d 1049]
Regular Panel Decision
Nov 29, 2017

Matter of Soliman v. Suffolk County Dept. of Pub. Works

Nader I. Soliman, a Senior Civil Engineer for Suffolk County Department of Public Works, was terminated after an arbitration award found him guilty of misconduct for accessing unauthorized, sexually explicit websites during work hours. Soliman petitioned the Supreme Court, Suffolk County, to vacate the arbitration award, but the court denied the petition, dismissed the proceeding, and confirmed the award. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's judgment, finding that Soliman failed to demonstrate by clear and convincing evidence that the arbitration award was irrational or that the arbitrator exceeded their powers.

MisconductArbitration AwardVacaturCPLR Article 75Appellate ReviewPublic EmploymentTerminationEmployee MisconductRationality of AwardArbitrator Powers
References
10
Case No. 533112
Regular Panel Decision
Mar 17, 2022

Matter of Reyes v. H & L Iron Works Corp.

A claimant appealed a Workers' Compensation Board decision which found he violated Workers' Compensation Law § 114-a and permanently disqualified him from future indemnity benefits. The claimant, Leonel Reyes, sustained work-related injuries in 2016 and received benefits. However, he failed to fully disclose his disc jockey activities and the physical nature of this work to the Board, carrier, and examining physicians while collecting benefits. Surveillance videos showed him lifting heavy equipment, contradicting his testimony. The Workers' Compensation Board affirmed the WCLJ's finding of a violation and the imposition of both mandatory and discretionary penalties. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the violation and that the permanent forfeiture of indemnity benefits was not a disproportionate penalty given the claimant's multiple egregious misrepresentations.

Workers' Compensation Law § 114-aFalse RepresentationIndemnity BenefitsPermanent DisqualificationUndisclosed EmploymentDisc JockeyMaterial MisrepresentationSubstantial EvidenceWitness CredibilityDiscretionary Penalty
References
7
Case No. MISSING
Regular Panel Decision

Danielson v. Joint Board of Coat, Suit & Allied Garment Workers Unions, ILGWU

The Regional Director of the National Labor Relations Board filed a petition for a temporary injunction against the Joint Board of Coat, Suit and Allied Garment Workers Union, ILGWU, AFL-CIO. This action stemmed from a charge by Hazantown, Inc., alleging the Joint Board engaged in unfair labor practices by picketing for recognition without filing an election petition within the statutory thirty-day period. Hazantown, a New York garment manufacturer utilizing contractors, became the target of picketing aimed at securing a "jobbers' agreement," which would obligate Hazantown to deal exclusively with union contractors, despite the Joint Board's disclaimer of interest in representing Hazantown's direct employees. The picketing demonstrably hindered Hazantown's business operations by inducing a stoppage of deliveries. Despite the complex statutory interpretation issues regarding Sections 8(b)(7)(C) and 8(e) of the National Labor Relations Act, the District Court, acknowledging its narrow jurisdiction, found "reasonable cause" to believe an unfair labor practice had occurred. Consequently, to maintain the status quo pending a full adjudication by the Board, the court granted the temporary injunction.

National Labor Relations ActUnfair Labor PracticeTemporary InjunctionPicketingLabor Union RecognitionGarment Industry ExemptionJobber's AgreementNLRA Section 8(b)(7)(C)NLRA Section 8(e)District Court Jurisdiction
References
7
Case No. MISSING
Regular Panel Decision
Aug 19, 1981

Blyer v. New York Coat, Suit, Dress, Rainwear & Allied Workers' Union

The National Labor Relations Board sought a preliminary injunction against the New York Coat, Suit, Dress, Rainwear, and Allied Workers’ Union, International Ladies Garment Workers’ Union (ILG) for alleged unfair labor practices under NLRA Section 8(b)(4)(D), related to picketing for a jobber’s agreement. The court examined the applicability of the garment-industry proviso in NLRA Section 8(e) to the alleged work-assignment dispute. It found that the Board's theory was novel and lacked sufficient factual findings. Considering factors like the ILG's initial lawful picketing, the employer's non-innocent status, and the desire to preserve the status quo, the court denied the injunction, concluding it would be inequitable and improper.

Labor LawUnfair Labor PracticePreliminary InjunctionNLRAGarment Industry ProvisoWork Assignment DisputeJobber's AgreementPicketingSecondary BoycottGarment Union
References
6
Case No. ADJ8847237, ADJ10045199
Regular
Aug 03, 2017

IRMA ROMAN vs. ALBA'S GARMENT WORKS, HARTFORD

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision disallowing interpreter fees for Ramon Valdivieso and Delma Basile. The Board affirmed the WCJ's decision regarding Mr. Valdivieso's fees, deferring the issue pending further evidence of his certification at the time of service. However, the Board amended the findings to allow Ms. Basile's interpreter charges. The case is returned to the trial level for further proceedings.

Workers' Compensation Appeals Boardlien claimantinterpreter servicescertified interpretersprovisional certificationadministrative law judgeFindings and OrderPetition for ReconsiderationDecision After Reconsiderationright upper extremity injury
References
2
Case No. 698 F.Supp. 452
Regular Panel Decision
Jan 01, 1988

Tunis v. Corning Glass Works

Catherine Tunis, a process engineer at Corning Glass, filed a lawsuit alleging sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. She claimed a hostile work environment due to pinup photographs, gender-based language, and catcalls, and that her termination was in retaliation for her complaints and an EEOC filing. The court found that the employer took prompt and reasonable remedial action regarding the hostile environment claims. Additionally, the court determined that Tunis failed to demonstrate that the legitimate, non-discriminatory reasons provided by Corning Glass for her termination were merely a pretext for discrimination. Consequently, all of Tunis's claims were dismissed, and judgment was entered in favor of the defendant.

Sex DiscriminationHostile Work EnvironmentRetaliationTitle VIICivil Rights ActEmployment DiscriminationWorkplace HarassmentGender BiasWrongful TerminationFederal Lawsuit
References
12
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