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

Case No. 01-17-0002-1912
Regular Panel Decision

International Brotherhood of Electrical Workers, Local Union No. 3 v. Charter Communications, Inc.

Plaintiff International Brotherhood of Electrical Workers, AFL-CIO, Local Union No. 3 ("Local 3") sought a temporary restraining order and preliminary injunction to stay an arbitration initiated by defendant Charter Communications, Inc. ("Charter"). The arbitration concerns a work stoppage and alleged violation of a no-strike clause. The court denied Local 3's motion, ruling that Local 3 failed to demonstrate irreparable harm because it chose not to participate in the arbitration and could later challenge any adverse arbitral award in court. The decision emphasized that the monetary cost of arbitration alone does not constitute irreparable injury and highlighted the importance of demonstrating actual harm.

Arbitration StayPreliminary InjunctionTemporary Restraining OrderLabor DisputeCollective Bargaining AgreementNo-Strike ClauseIrreparable HarmArbitrabilityFederal Court ProcedureJudicial Review of Arbitration
References
30
Case No. MISSING
Regular Panel Decision

Int'l Bhd. of Elec. Workers, AFL-CIO, Local Union No. 3 v. Charter Commc'ns, Inc.

This case concerns a dispute between Local 3 and Charter Communications regarding a Collective Bargaining Agreement (CBA). The core issue is whether Local 3 members were bound by a CBA provision requiring arbitration of disputes during a strike in March 2017. The court found that Local 3's conduct, including signing a Memorandum of Agreement (MOA), ratifying it, accepting improved wages and benefits, and utilizing grievance and arbitration procedures for almost two years, manifested an intent to be bound by the no-strike and arbitration provisions. Despite previous NLRB decisions regarding the inclusion of riders in the CBA, the District Court determined that the parties' actions indicated a binding agreement on the no-strike and grievance terms. Consequently, summary judgment was granted in favor of Charter, and arbitration was ordered.

Collective Bargaining AgreementArbitrationNo-Strike ClauseSummary JudgmentLabor Management Relations ActContract LawIntent to be BoundUnion DisputeEmployer-Employee RelationsFederal Court Jurisdiction
References
22
Case No. MISSING
Regular Panel Decision

Allen Bradley Co. v. Local Union No. 3 International Brotherhood of Electrical Workers

This motion concerns plaintiffs' request to hold Harry VanArsdale, Jr., and Local Union No. 3, International Brotherhood of Electrical Workers, in contempt for failing to obey a subpoena. The underlying action involves accusations of a conspiracy to prevent the sale of electrical products. During proceedings before a Special Master, VanArsdale, Jr., as business manager of the Union, refused to produce a complete file of 'Allied Union News' issues despite a validly issued subpoena duces tecum. The court acknowledges the refusal was not contumacious but legally incorrect. Consequently, the court finds both VanArsdale, Jr., and Local Union No. 3 in contempt and orders the production of the requested documents, suspending punishment and costs contingent on their compliance.

Contempt of CourtSubpoena Duces TecumLabor UnionDiscoveryDocument ProductionSpecial MasterConspiracyInterstate CommerceRefusal to ComplyCourt Order
References
1
Case No. 2018 NY Slip Op 07834 [166 AD3d 468]
Regular Panel Decision
Nov 15, 2018

Charter Communications, Inc. v. Local Union No. 3

The Appellate Division, First Department, affirmed the Supreme Court's orders. The Supreme Court had denied Charter Communications, Inc.'s motion for a preliminary injunction against Local Union No. 3's picketing campaign and its motion to compel expedited discovery. Additionally, the Supreme Court granted the defendants' motion to dismiss the complaint. The Appellate Division found that the lower court properly declined to make factual findings required for injunctive relief under Labor Law § 807 and correctly dismissed common-law tort claims due to a failure to plead that individual union members authorized or ratified the alleged unlawful actions.

Preliminary InjunctionPermanent InjunctionLabor DisputePicketingTrespassingCommon-Law TortUnion LiabilityExpedited DiscoveryAppellate ReviewDismissal of Complaint
References
3
Case No. MISSING
Regular Panel Decision

United States v. Local Union No. 3 of International Brotherhood of Electrical Workers

The court addresses demurrers to three indictments against Local Union No. 3 of the International Brotherhood of Electrical Workers for alleged violations of the Sherman Act. The indictments claim the union conspired to prevent the installation of out-of-state electrical equipment in New York City, thereby diverting work to local manufacturers and increasing costs. Defendants argued that the Sherman Act does not apply to labor unions and that their actions constituted a 'labor dispute' immune from antitrust laws. The court rejected these arguments, finding that the alleged conspiracy's effect on market prices and free competition fell within the scope of the Sherman Act, and that the conduct did not constitute a legitimate 'labor dispute.' Consequently, the court overruled the demurrers.

Sherman ActLabor UnionsAntitrust LawInterstate CommerceRestraint of TradeDemurrersIndictmentsElectrical IndustrySecondary BoycottPrice Fixing
References
11
Case No. MISSING
Regular Panel Decision

New York Electrical Contractors' Ass'n v. Local Union No. 3 of International Brotherhood of Electrical Workers

This decision addresses an application filed by Local Union No. 3 of the International Brotherhood of Electrical Workers, a defendant in the original action. The union sought to quash the summons and service of other legal papers, asserting misnomer and improper service. The court noted that under Section 13 of the General Associations Law, actions against unincorporated associations must be brought against the president or treasurer, and service must be made upon these officers. Despite the plaintiff naming the union's president and treasurer in its papers, service on the local union was made on its general counsel and its financial secretary individually, not its president or treasurer. The court found this service insufficient to establish jurisdiction over the local union and, consequently, granted the motion to quash the service.

JurisdictionService of ProcessUnincorporated AssociationMisnomerGeneral Associations LawCivil Practice ActMotion to QuashLabour UnionStatutory InterpretationProcedural Law
References
6
Case No. MISSING
Regular Panel Decision

Falkowski v. 81 & 3 of Watertown, Inc.

This case involves an appeal regarding contractual indemnification and common-law contribution/indemnification. Third-party defendant Kulback’s & Associates, Inc. (Kulback’s) appealed the denial of its motion for summary judgment and the granting of defendant-third-party plaintiff 81 and 3 of Watertown, Inc.’s (81 and 3) cross-motion for summary judgment on contractual indemnification. The court affirmed, finding that Kulback’s had admitted to entering into a construction contract with 81 and 3 and that Innovative General Contractor, Inc., a wholly owned subsidiary of 81 and 3, acted on its behalf. Additionally, the court affirmed the denial of Kulback’s motion to dismiss the common-law contribution and indemnification claim, as Kulback’s failed to establish that the plaintiff did not sustain a "grave injury" under Workers' Compensation Law § 11.

Contractual IndemnificationSummary JudgmentThird-Party ComplaintJudicial AdmissionsWholly Owned SubsidiaryCommon-Law ContributionGrave InjuryWorkers' Compensation LawAppellate ReviewPleadings
References
7
Case No. MISSING
Regular Panel Decision

Anderson v. Local Union No. 3, International Brotherhood of Electrical Workers

This opinion addresses a declaratory judgment action brought by Madison Square Garden Center, Inc. and Madison Square Garden Corporation (collectively, "the Garden") against Local Union No. 3, International Brotherhood of Electrical Workers ("Local 3"). The Garden sought a declaration that they are not liable to Local 3 for contribution or indemnification concerning a judgment previously entered against Local 3 in antecedent civil rights litigation (Ingram v. Madison Square Garden Center, Inc. and Anderson v. Madison Square Garden Center, Inc.). In those prior actions, Local 3 was found liable for intentional discriminatory hiring practices under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. The Court, presided over by Judge Sand in the Southern District of New York, granted the Garden's motion for summary judgment. The decision ruled that federal law governs, precluding contribution and indemnification under Title VII based on Northwest Airlines, Inc. v. Transport Workers. Furthermore, even if contribution were theoretically available under § 1981, it would not lie for an intentional tortfeasor, and any such claim would be defeated by a release given to the Garden by the original plaintiffs. Indemnity was also denied on similar grounds, emphasizing that an intentional tortfeasor cannot escape liability for deliberate wrongdoing.

Declaratory JudgmentSummary JudgmentContributionIndemnificationCivil Rights Act of 1964Title VII42 U.S.C. § 1981Employment DiscriminationIntentional TortFederal Common Law
References
16
Case No. MISSING
Regular Panel Decision

McLeod v. Local Union No. 3, International Brotherhood of Electrical Workers

The Regional Director of the National Labor Relations Board (NLRB) initiated civil contempt proceedings against Local Union No. 3 for violating a temporary injunction issued on October 28, 1971. The injunction prohibited Local 3 from inducing or encouraging its members employed by L. K. Comstock and Co., Lord Electric Co., and J. Livingston & Co. to refuse handling materials from New York Telephone Co. The court found that Local 3, through its attorney's statements and inaction, induced its members to engage in such refusals on multiple occasions. Consequently, the court found Local 3 in civil contempt, ordering it to comply with the injunction, submit a sworn statement of compliance, and pay the NLRB's costs and counsel fees.

Labor LawCivil ContemptTemporary InjunctionUnfair Labor PracticesSecondary BoycottNational Labor Relations ActUnion MisconductWork StoppageInducementEmployee Refusal
References
0
Case No. MISSING
Regular Panel Decision

Harrison Baking Co. v. Bakery & Confectionery Workers, Local No. 3

Harrison Baking Company initially filed suit to vacate an arbitrator's award that mandated the reinstatement of employee Douglas Brown. The Court subsequently affirmed the arbitrator's decision on March 1, 1991, which inherently ordered Brown's reinstatement. Following Harrison's perceived non-compliance, Bakery and Confectionery Workers, Local No. 3, AFL-CIO (Local 3) moved to hold Harrison in contempt, while Harrison simultaneously sought a stay pending appeal. The Court denied Harrison's request for a stay, but also chose not to find Harrison in contempt, acknowledging the plausible, albeit erroneous, belief that an automatic stay applied. Ultimately, the Court granted Local 3's motions for Douglas Brown's back pay for the period of March 5-15, 1991, and awarded Local 3 attorneys' fees incurred in compelling Harrison's compliance.

ContemptArbitration AwardReinstatementBack PayAttorneys' FeesFederal Rules of Civil ProcedureRule 62(a)Rule 65(d)Rule 70Norris-LaGuardia Act
References
19
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