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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Arbitration Between Halcot Navigation Limited Partnership and Stolt-Nielsen Transportation Group

Halcot Navigation Limited Partnership (Halcot) sought to vacate a partial arbitration award from August 4, 2006, which allowed Anthony Radcliffe Steamship Company Limited (a non-signatory) to assert claims against Halcot in arbitration. Halcot argued that the arbitrability of the claim should be decided by the court, not the arbitrators. Respondents (Anthony Radcliffe and Stolt-Nielsen Transportation Group B.V.) cross-moved to confirm the award, contending Halcot waived its right to object by submitting the issue to arbitration. The court found that Halcot waived its right to independent review by actively participating and briefing the arbitrability issue before the arbitration panel. Even if there was no waiver, the court independently concluded that Anthony Radcliffe could compel arbitration based on equitable estoppel, as the issues were intertwined with the Time Charter agreement between Halcot and Stolt-Nielsen. Therefore, the court DENIED Halcot’s petition to vacate and GRANTED respondents’ motion to confirm the Arbitration Award.

Arbitration AwardVacate Arbitration AwardConfirm Arbitration AwardNew York ConventionFederal Arbitration ActArbitrabilityWaiver of RightsEquitable EstoppelNon-Signatory ArbitrationTime Charter Agreement
References
22
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Agress & Brouillet

Petitioner sought an order to direct arbitration against the respondents after they allegedly refused to permit the petitioner to complete a contract for work, labor, and services on the respondents' premises. The contract included a specific arbitration clause covering disputes concerning the construction/meaning of specifications or the true value of extra work. The respondents opposed, arguing that the issue of contract termination or its justification was not covered by the arbitration clause. The court, citing precedent, determined that the arbitration clause was limited and did not encompass disputes regarding a breach of contract by either party. Consequently, finding no arbitrable dispute under the contract, the court denied the motion to direct arbitration.

ArbitrationContract DisputeScope of Arbitration ClauseMotion to Compel ArbitrationBreach of ContractLimited Arbitration Clause
References
3
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Massena Central School District & Massena Confederated School Employees' Ass'n

This case concerns an appeal regarding the arbitrability of a dispute over health insurance premiums paid by an employer (Petitioner) for an injured employee (Eric Fetterly). The Petitioner sought reimbursement, leading the union (Respondent) to file a grievance and demand arbitration. While an arbitrator deemed the issue arbitrable, the Supreme Court vacated this decision, citing an explicit exclusion of health insurance matters from arbitration in the collective bargaining agreement (CBA). The appellate court affirmed the Supreme Court's order, emphasizing the CBA's restrictive language that clearly limited the arbitrator's authority and specifically excluded health insurance from arbitration. The court concluded that no express and unequivocal intent to arbitrate health insurance premiums could be found in the agreement.

Arbitration ScopeCollective Bargaining Agreement (CBA)Health Insurance DisputesArbitrability DeterminationJudicial Review of ArbitrationVacating Arbitration AwardContractual ExclusionsAppellate AffirmanceEmployment GrievanceWorkers' Compensation Injury
References
17
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Carborundum Co. & Swisher

Petitioner sought a stay of arbitration initiated by respondents (unions) regarding disputes over work assignments and methods, specifically the use of IBM machines, research and development engineers, independent contractors, and trucking companies. The court determined that the arbitration clause in the labor agreement limited grievances to disagreements about the proper application, administration, performance, or enforcement of the agreement's terms. Petitioner successfully argued that the controversies involved its exclusive and unqualified management rights, which were not expressly abridged by the agreement. Therefore, the court ruled that these disputes did not constitute arbitrable grievances, granting the stay of arbitration.

Stay of ArbitrationManagement RightsLabor AgreementArbitration ClauseGrievance DefinitionWork Assignment DisputesExclusive Management PrerogativesCollective Bargaining AgreementNon-Arbitrable Disputes
References
0
Case No. MISSING
Regular Panel Decision

In re the Arbitration between B. F. Curry, Inc. & Reddeck

An employer, operating an automotive business, sought a stay of arbitration after discontinuing its new car department in August 1948, which resulted in employee layoffs. The respondent union initiated arbitration, asserting that the employer improperly laid off employees and outsourced their work. The court examined the collective bargaining agreement, specifically sections pertaining to discharges and grievances. Justice Hofstadter concluded that the agreement did not limit the employer's inherent right to discontinue a department in good faith. Therefore, the court found the dispute non-arbitrable under the agreement and granted the employer's application for a stay of arbitration.

Collective Bargaining AgreementArbitration StayEmployee LayoffsBusiness DiscontinuationManagement RightsArbitrabilityUnion DisputeContract InterpretationIndustrial RelationsJudicial Intervention
References
3
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Lane & Leather Workers' Union of the United States

The case involves an appeal by an employer against a Special Term order compelling arbitration of disputes with a petitioner (union) following the expiration of a collective bargaining agreement. Disputes originated in January 1947 over roller wages, leading to a work stoppage in March that was settled by an agreement to arbitrate. A second dispute arose over the discharge of three employees, also demanded for arbitration. After the contract expired on June 1, 1947, the employer contended its obligation to arbitrate ceased. The Special Term ruled that the duty to arbitrate disputes arising during the contract term survived its expiration. The Appellate Division affirmed this order, specifying that arbitration should be limited to grievances pending before the contract's expiry on May 31, 1947.

ArbitrationCollective Bargaining AgreementWage DisputeWork StoppageEmployee DischargeContract ExpirationArbitrabilityAppellate ReviewLabor LawPanel Decision
References
6
Case No. MISSING
Regular Panel Decision

In re the Arbitration Between Columbia Broadcasting System, Inc. & Freeman

This case involves Columbia Broadcasting System, Inc. (CBS) seeking to stay arbitration initiated by the International Brotherhood of Electrical Workers and Local 1212 (the Union). The Union cross-moved to compel arbitration concerning video tape recording jurisdiction and alleged violations of their collective bargaining agreement dated May 1, 1958. CBS argued that the Union's demands did not involve specific grievances and were untimely. The court, presided over by William O. Hecht, Jr., J., ruled that the demand for arbitration, including questions of subcontracting within and potentially outside specified territorial limitations and alleged violations of Sections 1.04, 1.05, and 6.01, was arbitrable. The court emphasized the policy of encouraging arbitration and rejected CBS's arguments regarding the specificity of grievances, timeliness, and alleged illegality of certain arbitration items. The motion to stay arbitration was denied, and the cross-motion to compel arbitration was granted for both items.

ArbitrationCollective BargainingLabor LawSubcontractingContract DisputeJurisdictionUnion RightsEmployer ObligationsGrievance ProcedureNational Labor Relations Act
References
3
Case No. MISSING
Regular Panel Decision

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

The underlying dispute involves a school district (petitioner) challenging an arbitration demand initiated by teachers (individual respondents) and their union (respondent). The demand concerned military service allowances as per a collective bargaining agreement. Petitioner sought to stay arbitration, arguing non-compliance with the agreement's time provisions and Education Law § 3813. The court ruled that the detailed contractual grievance procedures indicated an intent to waive Education Law § 3813's applicability. It further held that questions regarding contractual time limitations and procedural arbitrability are for the arbitrators to decide, not the court, especially when not explicitly made conditions precedent to arbitration. Therefore, the order to affirm the underlying decision was passed.

ArbitrationGrievance ProcedureCollective Bargaining AgreementEducation LawMilitary Service AllowanceTimelinessProcedural ArbitrabilityConditions PrecedentWaiverSchool District
References
16
Case No. MISSING
Regular Panel Decision

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

This case involves an appeal from an order that granted the petitioner's application to stay arbitration. The petitioner and respondent, parties to a collective bargaining agreement (CBA), were in dispute after the petitioner denied tenure to a probationary teacher and the respondent filed a grievance challenging evaluation procedures. The Supreme Court initially granted the stay, concluding that the grievance challenged the non-arbitrable tenure decision rather than the arbitrable evaluation procedures. However, the appellate court reversed this decision, stating that the question of whether the evaluation procedures were violated pertained to the merits of the grievance and not its arbitrability, emphasizing the limited role of courts in staying arbitration.

ArbitrationCollective Bargaining AgreementGrievance ProcedureTenure DisputeEvaluation ProceduresArbitrabilityStay of ArbitrationAppellate ReviewLabor RelationsEducation Law
References
10
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Fay & Signal-Stat Corp.

This case involves a dispute stemming from a stipulation made on August 7, 1952, between a petitioner (union) and a respondent (employer). The stipulation concerned the reinstatement of an employee named Pagan on probation in the employer's screw driver department. It was agreed that if Pagan's production fell below a certain standard, the matter would be submitted to arbitration. On December 18, 1952, the employer demanded arbitration regarding their right to discharge Pagan for non-compliance with the stipulation. The petitioner appealed an order denying a motion to stay arbitration. The court affirmed the order, stating that the August 7, 1952, stipulation did not intend to limit the arbitrator's authority, allowing the arbitrator to determine the resolution of the dispute, which could include Pagan's transfer or discharge.

arbitrationunionemployeremployeestipulationdischargeprobationproduction disputearbitrator authorityappeal
References
1
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