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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 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

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

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 Thompson & S.L.T. Ready-Mix

The petitioner sought to confirm an arbitration award against the respondent for re-employment and damages. After the matter was remitted for a rehearing on damages, the respondent requested extensive discovery which the Supreme Court denied pre-hearing. At a rescheduled hearing, the respondent subpoenaed the documents, but the petitioner did not produce them, and the arbitrator never ordered compliance. The arbitrator questioned the petitioner on relevant issues, and the respondent participated under protest. The arbitrator awarded $9,443 plus interest. The Supreme Court confirmed the award, and the respondent appealed. The appellate court affirmed, finding no arbitrator misconduct in refusing discovery or failing to apply substantive law on mitigation, as arbitrators are not bound by strict rules of evidence or law. The court also declined to impose sanctions against the respondent.

Arbitration AwardAppealDiscovery DisputeArbitrator AuthorityEvidentiary RulingsMitigation of DamagesJudicial ReviewDue ProcessSanctionsAppellate Procedure
References
8
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 the Arbitration between Thompson & S.L.T. Ready-Mix, Division of Torrington Industries, Inc.

This case concerns an appeal from a Supreme Court order confirming an arbitration award. The petitioner, an employee laid off during a winter slowdown, filed a grievance after workers with lower seniority were recalled. An arbitrator found the employer, the respondent, violated the collective bargaining agreement's seniority provisions and ordered the petitioner to be made whole. The Supreme Court confirmed this award. On appeal, the court affirmed the arbitrability of the dispute due to the respondent's waiver and upheld the arbitrator's authority. However, the appellate court found the damages portion of the award lacked specificity and required a rehearing before the arbitrator for a final determination of the amount. The court also denied the petitioner's claim for counsel fees.

Arbitration AwardCollective Bargaining AgreementSeniority Rights DisputeWaiver of ArbitrabilityArbitrator's AuthorityDamages AssessmentRemittal for ClarificationConfirmation of AwardVacation of AwardCounsel Fees Denied
References
7
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

In re the Arbitration between Jandrew & County of Cortland

Petitioner, a County of Cortland employee, was terminated for failing to maintain a valid driver's license and for failing to disclose a prior conviction on job applications. The petitioner's grievance was submitted to binding arbitration, resulting in an award for reinstatement with back pay and benefits. The County appealed the Supreme Court's order confirming the arbitration award, arguing issues of arbitrability, the arbitrator exceeding authority, and public policy violations. The Appellate Division affirmed the Supreme Court's order, ruling that the County waived its right to contest arbitrability by participating in arbitration and that the arbitrator's decision did not exceed authority or violate public policy.

ArbitrationCollective Bargaining AgreementGrievanceEmployee TerminationDriver's LicenseUndisclosed ConvictionArbitrabilityPublic PolicyWaiverCivil Service Law
References
21
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
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