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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

In re the Arbitration between Great Atlantic & Pacific Tea Co. & Local 484, American Bakery & Confectionery Workers

This case involves a petitioner's motion to vacate an arbitration award and an employer's cross-motion to confirm it. The core dispute concerns an employee's entitlement to pay for a day missed due to illness during a holiday week in 1959. The employee worked for a short period on Labor Day, was then excused due to illness, and remained ill the following Tuesday. The employer paid for the holiday and other workdays but not for Tuesday, arguing that existing benefits provided a maximum of a normal week's pay. The petitioner contended that the arbitrator exceeded his authority by modifying the contract. However, the court ruled that the arbitrator acted within his powers by interpreting the collective bargaining agreement. Consequently, the motion to vacate the award was denied, and the cross-motion to confirm the award was granted.

ArbitrationCollective Bargaining AgreementHoliday PaySick PayContract InterpretationJudicial ReviewLabor DisputeEmployment LawMotion to VacateMotion to Confirm
References
3
Case No. MISSING
Regular Panel Decision

Pocketbook Workers Union, Local 1 v. Centra Leather Goods Corp.

This case involves a judicial review of an arbitration award, initiated by a motion to confirm and a cross-motion to vacate the award. The underlying dispute concerned an employer's alleged relocation of its plant from New York City to Oklahoma. The arbitrator issued an award enjoining the employer from moving, mandating the return of shipped machinery, and providing for lost wages. The court addressed multiple objections, including procedural issues, arbitrator impartiality, the scope of equitable relief in arbitration, and jurisdictional challenges. While most objections were dismissed, the court expressed reservations about enforcing the mandatory injunction for machinery return due to insufficient proof. Ultimately, the motion to confirm the arbitration award was granted, and the cross-motion to vacate was denied, with a directive to settle the judgment as indicated.

ArbitrationEquitable ReliefInjunctionLabor DisputeContract InterpretationJudicial ReviewBankruptcy ActLabor Management Relations ActArbitrator ImpartialityMandatory Injunction
References
4
Case No. MISSING
Regular Panel Decision

C&D TECHNOLOGIES, INC. v. International Ass'n of Heat and Frost Insulators & Asbestos Workers

This case involves cross-motions to vacate and confirm a labor arbitration award. Plaintiff C & D Technologies sought to set aside an award where Arbitrator Sheila Cole found the company violated its collective bargaining agreement by changing the "six week average" pay calculation. Defendant Local sought to confirm the award. The District Court, presided over by Judge McMahon, reviewed whether the arbitrator exceeded her powers under the Federal Arbitration Act, Section 10(a)(4). The court found that the arbitrator did not exceed her powers, properly interpreted the ambiguous contract language, and her decision was rational. Consequently, the court denied the motion to set aside, granted the cross-motion to confirm the arbitration award, and dismissed the petition.

ArbitrationCollective Bargaining AgreementLabor DisputeFederal Arbitration ActContract InterpretationManifest Disregard for LawVacaturConfirmation of AwardSix Week Average PayWage Calculation
References
7
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Rotating Components, Inc. & District 4, International Union of Electrical Workers, AFL-CIO

Petitioner moved to confirm an arbitration award, while Respondent cross-moved to vacate it, alleging imperfect execution and lack of a mutual, final, and definite award. The dispute arose from a collective bargaining agreement from December 1959, and a supplementary agreement from January 1960, which stipulated the assignment of the main agreement to a local union within 18 months, with arbitration if the assignment failed. The arbitrator issued an interim award on September 21, 1961, instructing the union to assign the agreement within 30 days. Upon the union's failure, the arbitrator, on October 29, 1961, assigned the agreement to a new local union to be formed for the employees of Rotating Components, Inc. The court found the arbitrator's award to be within his express powers and rejected the objection regarding the finality and definiteness of the award. Consequently, the court granted the petitioner's motion to confirm the award and denied the respondent's cross-motion to vacate it.

Arbitration AwardCollective BargainingUnion AssignmentContract DisputeMotion to ConfirmMotion to VacateLabor DisputeJudicial ReviewInterim AwardFinality of Award
References
2
Case No. MISSING
Regular Panel Decision

Marino v. Edward Axel Roffman Associates, Inc.

The petitioner, referred to as the Union, moved to confirm an arbitrator's award, while the respondent, the employer, cross-moved to vacate the award and enjoin arbitration, arguing pre-emption by a pending National Labor Relations Board (NLRB) grievance. The dispute arose from an alleged breach of a collective bargaining agreement concerning 'outside work' sent to other plants. During the arbitration hearing, the employer walked out after the arbitrator ruled to take evidence on the out-of-state plant, believing the issue was exclusively under NLRB jurisdiction. The court distinguished precedents cited by the employer, finding that a mere grievance, without a prior NLRB determination, does not establish res judicata or pre-emption. Consequently, the court granted the Union's motion to confirm the arbitrator's award and denied the employer's cross-motion.

Collective Bargaining AgreementArbitrationArbitrator's AwardNational Labor Relations BoardLabor DisputePre-emption DoctrineRes JudicataVacate AwardConfirm AwardWalkout from Hearing
References
4
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Universal Metal Products Co. & United Electrical Radio & Machine Workers of America

This case involves motions to modify and confirm, and to vacate, an arbitration award concerning a dispute between a union and an employer. The core issue stems from a 1942 collective labor agreement regarding a scheduled wage increase, which the employer claimed to have paid in advance. The arbitrator based the award solely on contract interpretation, neglecting crucial questions of fact related to contract performance and employee waiver. The court ruled that the arbitration was imperfectly executed due to this omission of factual inquiry. Therefore, the motion to confirm the award was denied, the motion to vacate was granted, and the controversy was directed to the New York State Board of Mediation for further arbitration.

ArbitrationCollective Bargaining AgreementWage DisputeContract InterpretationLabor LawArbitration Award VacatedArbitration Award Confirmation DeniedFactual DisputeArbitrator PowersJudicial Review of Arbitration
References
0
Case No. MISSING
Regular Panel Decision
Aug 10, 2009

Rosario v. Montalvo & Son Auto Repair Center, Ltd.

This case involves an appeal by the defendant, Montalvo & Son Auto Repair Center, Ltd., from an order that granted the plaintiff's motion to confirm a referee's report and partially granted the plaintiff's cross-motion for summary judgment. The referee's report found that the plaintiff was injured while employed by the defendant on April 24, 2007, during the course of such employment. The appellate court reversed the order, holding that questions of fact regarding the plaintiff's employment status and injury in the course of employment should have been referred to the Workers' Compensation Board, as it has primary jurisdiction over such determinations. Additionally, the court found that the Supreme Court misapplied the doctrine of inconsistent positions or judicial estoppel because there was no prior legal proceeding where the defendant had successfully argued the plaintiff was its employee. The matter was remitted for a new determination of the plaintiff's cross-motion after resolution by the Workers' Compensation Board.

Workers' CompensationPersonal InjuryEmployment LawJudicial EstoppelPrimary JurisdictionAppellate PracticeSummary JudgmentReferee's ReportKings CountyCourt Procedure
References
7
Case No. 09-3356
Regular Panel Decision

Placid Oil Co. v. Williams (In re Placid Oil Co.)

This Revised Memorandum Opinion and Order addresses cross-motions for summary judgment in an adversary proceeding initiated by Placid Oil Company, a reorganized debtor from a 1980s Chapter 11 bankruptcy. Placid sought a determination that post-confirmation tort claims, filed by the Williams Defendants (Post-Confirmation Tort Claimants) in Louisiana state court for asbestos exposure, were discharged by Placid's 1988 bankruptcy confirmation order. The claims arose from the death of Mrs. Myra Williams due to mesothelioma, allegedly caused by indirect asbestos exposure from her husband's work clothes while he was employed by Placid at its Black Lake Facility pre-confirmation. Applying the 'pre-petition relationship test,' the bankruptcy court found that Mrs. Williams' exposure constituted a pre-petition 'claim' and that the Post-Confirmation Tort Claimants were 'unknown creditors.' Concluding that constructive notice via newspaper publication was sufficient for these unknown creditors and that appointing a future claims representative was not warranted, the court granted summary judgment in favor of Placid, discharging the tort claims.

Bankruptcy DischargeAsbestos ExposurePost-Confirmation ClaimsUnknown CreditorsDue Process NoticeSummary JudgmentPre-petition Relationship TestMesotheliomaTort LiabilityChapter 11 Reorganization
References
29
Case No. MISSING
Regular Panel Decision

In re the Arbitration between M. Cohen Clothing Co. & Pascale

This case involves a motion filed by the petitioner, a subcontractor, seeking to confirm an arbitration award and obtain a money judgment against the respondents, who are manufacturers of men’s and boys’ clothing. The dispute originated from disagreements over workmanship of manufactured goods and the respondents' refusal to pay the final sum due, leading the petitioner to initiate arbitration proceedings. While the petitioner contended the respondents were bound by a collective bargaining agreement, the respondents asserted they were not signatories to the agreement and appeared voluntarily before the arbitrator solely to explain their position. The court, citing established precedents, ruled that a party cannot be compelled to arbitrate unless they have expressly agreed to it in writing. Since no such written agreement was demonstrated, the motion to confirm the arbitration award was denied.

ArbitrationSubcontractor DisputeCollective Bargaining AgreementVoluntary AppearanceWritten AgreementContract LawMotion DenialArbitration AwardConfirmation
References
2
Case No. MISSING
Regular Panel Decision

In re Herman

This case involves a motion by Benjamin Herman, president of the International Brotherhood of Pulp, Sulphite and Paper Mill Workers, Local 333, to confirm an arbitration award against H. Fleisig, Inc., the employer. The arbitration stemmed from a collective labor agreement to determine hourly wage rates for employees. Objections to the award included the arbitrator's failure to acknowledge the award, alleged unfairness and personal investigation, and awards exceeding union demands. The court found the acknowledgment defect was cured, dismissed claims of unfairness due to lack of record, and addressed the arbitrator's personal investigation regarding one employee, Stanley Stuarz, by allowing an amendment to waive the increased wage for Stuarz. Ultimately, the motion to confirm the amended award was granted.

arbitrationwage disputecollective bargaining agreementarbitration awardconfirmation of awardarbitrator misconductCivil Practice Actwaiver of arbitrator oathpersonal investigation by arbitratoramendment of arbitration award
References
3
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