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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

Candor Central School District v. American Arbitration Ass'n

The Candor Central School District (the district) applied to the court for an order restraining the American Arbitration Association (AAA) from proceeding with arbitration. This application was made while a CPLR 7503 proceeding to stay arbitration, involving the district and the Candor Faculty Association, was pending in another court. The district argued against the need for a temporary restraining order in the CPLR 7503 proceeding, citing judicial time and client costs. The AAA countered that its impartiality would be compromised if it were named an adverse party and stressed the importance of proceeding with arbitration unless explicitly stayed by stipulation or court order. The court ultimately denied the district's application, concluding that restraining the AAA was inappropriate and advising the district to seek relief within the pending CPLR 7503 proceeding.

ArbitrationStay of ArbitrationCPLR 7503American Arbitration Association (AAA)Injunctive ReliefJudicial InterventionArbitration RulesCollective Bargaining AgreementJudicial RestraintProcedural Law
References
5
Case No. MISSING
Regular Panel Decision

Air Line Pilots Ass'n, International v. Pan American World Airways, Inc.

The Air Line Pilots Association (ALPA) and the Flight Engineers’ International Association (FEIA) filed an action under the Railway Labor Act against Pan American World Airways (Pan Am) seeking a preliminary injunction. The unions aimed to compel Pan Am to revert to non-concessionary "white pages" agreements after January 1, 1985, arguing that prior "pink pages" concessions were temporary and had expired. Pan Am contended the "pink pages" constituted the status quo for ongoing negotiations. Presiding Judge McLaughlin, consolidating the trial on merits with the injunction hearing, ruled that the parties had explicitly agreed in their contracts that the "white pages" would define the status quo after the expiration of the temporary concessions. Consequently, the court granted the injunction, ordering Pan Am to construct future flight assignment bid lines in accordance with the "white pages," while denying the retrospective reconstruction of already issued January bid lines.

Railway Labor ActPreliminary InjunctionStatus QuoCollective BargainingLabor AgreementContract InterpretationUnion RightsEmployer ObligationsBid LinesConcessionary Agreements
References
10
Case No. MISSING
Regular Panel Decision

In re the Arbitration Between Sherwood

A dispute arose when the Dryden Central School District discharged a nurse represented by the Dryden Faculty Association. The Association sought arbitration after the nurse's grievance was denied. The Board of Education of the Dryden Central School District petitioned to permanently stay arbitration, which the Supreme Court granted. Upon appeal by the Association, the appellate court affirmed the Supreme Court's order. The court ruled that arbitration could not be compelled without an "express, direct and unequivocal agreement," and neither the Collective Bargaining Agreement (CBA) nor the Memorandum of Understanding (MOU) contained such a provision for the nurses' terms of employment.

ArbitrationCollective Bargaining AgreementMemorandum of UnderstandingGrievanceSchool DistrictFaculty AssociationEmployment LawContract InterpretationArbitrabilityStay of Arbitration
References
6
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Windsor Central School District & Windsor Teachers Ass'n

The Windsor Central School District (District) and the Windsor Teachers Association (Association) had a collective bargaining agreement. The Association filed grievances for guidance counselors assigned study hall duties, claiming a violation of section 11.3 (e) of their agreement. An arbitrator ruled in favor of the Association, citing the District's past practice of not assigning guidance counselors to study halls. The District and Superintendent of Schools petitioned the Supreme Court to vacate the award, which was granted on the grounds that the arbitrator exceeded their authority by relying on past practice. However, the appellate court reversed this decision, holding that arbitrators can indeed rely on past practice to interpret collective bargaining agreements and did not exceed their authority in this case.

Collective bargaining agreementArbitration awardVacaturPast practiceArbitrator authorityGrievanceEducation lawTeachers' unionAppellate reviewScope of arbitration
References
6
Case No. MISSING
Regular Panel Decision

In re the Arbitration between I. S. Joseph Co. & Toufic Aris & Fils

The Supreme Court affirmed a judgment dismissing Joseph's petition to stay arbitration and granting Toufic's cross-petition to compel arbitration, concurrently vacating an earlier stay pending appeal. The dispute arose from an oral grain sale agreement between Joseph, a Minnesota seller, and Toufic, a buyer from France and Lebanon, where both parties exchanged telex confirmations that largely agreed but had minor differences, and crucially incorporated a North American Export Grain Association (NAEGA) contract containing a broad arbitration clause enforceable in New York. The court determined that a valid agreement to arbitrate existed, asserting that New York law governed the arbitration provision due to its significant contacts, irrespective of the performance location. The majority opinion found the arbitration agreement valid, with some justices viewing it as part of a valid sales contract under UCC 2-207(2)(b), while others deemed the arbitration clause separable. Justice Nunez dissented, arguing for a remand to ascertain the validity of the underlying sales agreement, highlighting telex discrepancies and the non-execution of a formal contract as crucial factors impacting the arbitration agreement's existence.

Arbitration AgreementContract FormationChoice of LawUniform Commercial CodeInternational TradeGrain SaleTelex ConfirmationNAEGA ContractMaterial AlterationSeparability Doctrine
References
9
Case No. 2019 NY Slip Op 05367 [174 AD3d 1017]
Regular Panel Decision
Jul 03, 2019

Matter of City of Plattsburgh (Plattsburgh Permanent Firemen's Assn.)

The City of Plattsburgh, the appellant, appealed an order from the Supreme Court that denied its application to permanently stay arbitration with the Plattsburgh Permanent Firemen's Association. The dispute originated from a collective bargaining agreement (CBA) which stipulated a minimum staffing level of 36 firefighters and prohibited layoffs. When a firefighter retired, reducing the staff to 35, the City refused to fill the vacancy, citing financial reasons, leading the Firemen's Association to demand arbitration. The Supreme Court denied the City's application to stay arbitration and granted the Association's motion to compel. The Appellate Division reversed this decision, ruling that the disputed CBA provision was a job security clause. The court found that this clause did not explicitly demonstrate the City's intent to waive its right to reduce staffing for budgetary or economic reasons, thus violating public policy and rendering the dispute non-arbitrable. A concurring opinion further noted that the clause also violated public policy due to its unreasonable duration.

ArbitrationCollective Bargaining AgreementJob Security ClausePublic PolicyStaffing LevelsFirefighters UnionBudgetary ConstraintsAppellate DivisionCPLR Article 75Stay Arbitration
References
8
Case No. MISSING
Regular Panel Decision

American Train Dispatchers Ass'n v. Metro-North Commuter Railroad

Plaintiff American Train Dispatchers Association (ATDA) accused defendant Metro-North Commuter Railroad Company of violating the Railway Labor Act (RLA) by unilaterally implementing changes to work rules and conditions without prior union consultation. The changes concerned sick leave, vacation days, training time, work attire, and drug/alcohol testing. The court classified these disputes as either 'major' or 'minor' under the RLA. It found that the automatic requirement for doctor's certificates for sick days not contiguous to rest days, holidays, or vacation, and the new work attire policy constituted 'major disputes', and thus granted a permanent injunction to restore the status quo. However, the court deemed disputes over training time, single vacation days, and sick days contiguous to rest days/holidays/vacation as 'minor disputes', denying injunctive relief for these. The court also denied injunctive relief for random drug testing due to insufficient evidence, noting that the issue of drug testing as part of regular medical examinations was being addressed in a separate ruling.

Railway Labor ActMajor DisputeMinor DisputeInjunctive ReliefWork RulesSick Leave PolicyVacation PolicyTraining TimeDress CodeDrug Testing
References
14
Case No. CA 15-01717
Regular Panel Decision
Jul 01, 2016

CITY OF LOCKPORT, MTR. OF

The City of Lockport appealed an order denying its petition to stay arbitration with the Lockport Professional Firefighters Association, Inc. The dispute arose from changes to firefighter staffing levels, which the Association grieved under their collective bargaining agreement. The City argued the staffing provision constituted a non-arbitrable job security clause. The Appellate Division, Fourth Judicial Department, affirmed the lower court's decision, ruling that the staffing provision was a safety provision, thus subject to arbitration. The court emphasized the strong public policy favoring arbitration in public sector labor disputes.

ArbitrationCollective Bargaining AgreementPublic Sector Labor DisputeFirefightersStaffing LevelsJob SecuritySafety ProvisionArbitrabilityAppellate ReviewGrievance
References
17
Case No. MISSING
Regular Panel Decision

In Re the Arbitration Between Board of Education of Watertown City School District & Watertown Education Ass'n

This case consolidates two appeals, 'The Watertown Dispute' and 'The Indian River Dispute,' concerning public sector arbitration under New York's Taylor Law. Both cases involve education associations and school districts in disputes over changes to health insurance benefits, specifically increased employee copayments. The associations filed grievances, which the districts denied, leading to demands for arbitration. Lower courts granted stays of arbitration, applying the 'Liverpool two-step' protocol and finding the disputes non-arbitrable. The Court of Appeals reverses these decisions, clarifying that the 'Liverpool' protocol should be applied without an anti-arbitrational presumption. The Court emphasizes that the merits of a grievance are for the arbitrator, and a court's role is merely to determine if there's a reasonable relationship between the dispute's subject matter and the collective bargaining agreement. Finding that health insurance benefits are clearly related to the CBAs, the Court compels arbitration in both cases.

Public Sector ArbitrationTaylor LawCollective Bargaining AgreementGrievance ArbitrabilityHealth Insurance BenefitsCopayment IncreasesLiverpool Two-Step ProtocolJudicial Review of ArbitrationPresumption of ArbitrabilityCourt of Appeals (NY)
References
32
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Camhi & Undergarment & Negligee Workers Union, Local 62

The case involves a petitioner's motion to stay arbitration under a collective bargaining agreement. The court reversed a previous order denying the stay and granted the motion. The central issue is whether the arbitration clause extends to the petitioner's individual business operations established after leaving a partnership, rather than to obligations predating the partnership's dissolution. The majority ruled that disputes related to the petitioner's separate business are not subject to the arbitration agreement because the individual business is not represented by the trade association. A dissenting opinion argued that the broad arbitration clause should empower arbitrators to determine the scope, particularly if the union alleges deliberate circumvention of the agreement.

ArbitrationCollective Bargaining AgreementStay of ArbitrationScope of ArbitrationPartnership DissolutionIndividual LiabilityTrade AssociationJudicial ReviewArbitrabilityContract Interpretation
References
14
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