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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

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

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

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 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
Case No. MISSING
Regular Panel Decision
Mar 31, 2003

At & T Corp. v. Tyco Telecommunications (U.S.) Inc.

This order from District Judge Marrero confirms an arbitration award concerning a dispute between AT & T Corp. (as co-maintenance authority for TAT-10 submarine cable owners) and Tyco Telecommunications (U.S.) Inc. Tyco had previously admitted liability for severing the TAT-10 cable in 1998, leading to an arbitration panel awarding the Cable Owners $5,798,075.83 plus interest. Tyco sought to vacate this award, challenging the Panel's legal interpretations regarding a private cause of action under the Cable Convention, the common ownership doctrine, and the inclusion of annual restoration costs as damages. The Court reviewed Tyco's claims for legal error and insufficient discovery, applying a rigorous standard for disturbing arbitration awards. Ultimately, the judge rejected all of Tyco's arguments, finding no manifest disregard of the law or denial of fundamental fairness by the arbitration panel, and confirmed the award in its entirety.

ArbitrationSubmarine CableTelecommunicationsDamagesManifest Disregard of LawStandard of ReviewCable ConventionCable ActLoss of UseRestoration Costs
References
21
Case No. MISSING
Regular Panel Decision

In re the Arbitration between International Brotherhood of America & Castwell Foundry Corp.

Petitioner moved to confirm an arbitration award against a named respondent and Controlled Castings Corp., alleging agreement violations and that Controlled Castings Corp. was a 'runaway shop' of the respondent. Controlled Castings Corp. cross-moved to vacate the award, arguing lack of notice and that the arbitrator exceeded his authority by making an award against a non-party. The court found that the arbitrator could determine the identity of interest for the respondent's liability but lacked authority to impose liability on Controlled Castings Corp. as it was not a party to the arbitration. Consequently, the motion to confirm was granted only against the respondent, and the cross-motion to vacate the award against Controlled Castings Corp. was granted.

Arbitration AwardCorporate Alter EgoRunaway ShopArbitrator JurisdictionDue ProcessNon-Party LiabilityContractual ArbitrationMotion to ConfirmMotion to VacateLabor Disputes
References
6
Case No. MISSING
Regular Panel Decision
Mar 01, 2002

In re the Arbitration between Sheet Metal Workers International Ass'n & Building & Construction Trades Council

This case addresses a jurisdictional dispute between local labor unions regarding work on a construction project. The Supreme Court affirmed an arbitration award, finding both the petitioner and respondent locals were obligated to arbitrate under the New York Plan for Settlement of Jurisdictional Disputes. The court dismissed arguments regarding a separate national collective bargaining agreement involving the petitioner international union and employer, deeming it a "stranger" to the New York agreement. Consequently, the lower court's determination confirming the award in favor of the respondent local was unanimously affirmed. The petitioners' other contentions challenging the award were found unavailing.

ArbitrationLabor UnionJurisdictional DisputeCollective Bargaining AgreementAward ConfirmationSupreme CourtContractual ObligationLabor LawWork AssignmentDispute Resolution
References
1
Case No. MISSING
Regular Panel Decision

LAS PALMAS MEDICAL CENTER v. Moore

Las Palmas Medical Center appealed a trial court's decision to deny confirmation and vacate an arbitration award against Drs. Robert and Debora Moore. The initial dispute arose from a recruitment agreement, leading to arbitration over the Moores' alleged failure to allow an audit and Dr. Debora Moore's failure to work full-time, with Arbitrator Penny Hobbs ultimately awarding damages to Las Palmas. The Moores challenged Hobbs's impartiality and conduct, leading the trial court to vacate the award. However, the appellate court reviewed the statutory grounds for vacating an arbitration award, including claims of fraud, evident partiality, misconduct, and refusal to hear evidence. Finding no merit in the Moores' claims, the appellate court reversed the trial court's order and rendered judgment confirming the arbitration award.

ArbitrationJudicial ReviewArbitration AwardVacaturConfirmationEvident PartialityActual BiasMisconductNondisclosureDue Diligence
References
61
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. 267 AD2d 668
Regular Panel Decision
Mar 17, 1999

In re the Arbitration between Civil Service Employees Ass'n & State

This case involves an appeal from a judgment of the Supreme Court concerning two proceedings. Proceeding No. 1, initiated by Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO (CSEA) on behalf of Garmon Carnibucci, sought to confirm an arbitration award regarding the restoration of sick leave accruals for Carnibucci, who was terminated by the Division For Youth (DFY) under Civil Service Law § 71. Proceeding No. 2, commenced by Carnibucci, sought to hold DFY in contempt for allegedly failing to comply with a prior judgment mandating back pay and benefits. The Supreme Court confirmed the arbitration award and found no contempt, prompting an appeal from the petitioners. The Appellate Division dismissed the appeal in proceeding No. 1, determining that CSEA was not an aggrieved party since the relief it sought (confirmation of the award) was granted. In proceeding No. 2, the court affirmed the Supreme Court's judgment, finding no error in the appointment of a Referee to assess back pay calculations and concluding that DFY was not in contempt due to the lack of specificity in the prior judgment regarding the computation of back pay.

arbitration awardback pay disputesick leave accrualscontempt proceedingCPLR Article 75CPLR Article 78Civil Service Lawpublic employmentworkers' compensation boardjudicial review
References
7
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