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

Case No. 89 Civ. 1655 (LLS)
Regular Panel Decision
Aug 10, 1990

Fenderson v. INDEP. FED. OF FLIGHT ATTENDANTS

Plaintiffs, a group of flight attendants including new hires and crossovers, filed a motion for partial summary judgment against the Independent Federation of Flight Attendants (IFFA), its officers, and Trans World Airlines (TWA). They alleged that amendments to IFFA's Constitution and Bylaws, specifically a one-year 'education and orientation period' and a $250 initiation/reinstatement fee, violated Section 2, Eleventh (a) of the Railway Labor Act by imposing conditions on membership not generally applicable to all members. The court granted summary judgment in favor of the plaintiffs regarding the one-year education and orientation period, finding it violated the RLA's requirement that membership be available on the same terms to all dues-paying employees. However, the court denied summary judgment concerning the $250 fee, concluding that it was uniformly applied and fell within the RLA's definition of permissible 'initiation fees' and 'reinstatement fees'.

Railway Labor ActUnion Security ClauseFlight AttendantsUnion Membership RightsInitiation FeesReinstatement FeesSummary JudgmentCollective Bargaining AgreementDiscriminationVoting Rights
References
9
Case No. MISSING
Regular Panel Decision

Salustio v. 106 Columbia Deli Corp.

Ruben Salustio and Arturo Vivaldo sued 106 Columbia Deli Corporation and Ibrahim Alzubairy for unpaid wages and overtime under the FLSA and NYLL. The court dismissed FLSA claims as the defendants' gross annual sales were below the $500,000 enterprise coverage threshold, but retained supplemental jurisdiction over the state law claims. The court found Vivaldo was underpaid due to an invalid tip credit and unpaid overtime, and both plaintiffs were entitled to statutory damages for lack of proper wage notices and statements. Salustio was awarded $2,500, while Vivaldo received $16,428.66 in unpaid wages, liquidated damages, and prejudgment interest.

Fair Labor Standards Act (FLSA)New York Labor Law (NYLL)Wage and HourOvertime PayMinimum WageTip CreditStatutory DamagesLiquidated DamagesPrejudgment InterestEnterprise Coverage
References
48
Case No. 2018 NY Slip Op 01280 [158 AD3d 582]
Regular Panel Decision
Feb 27, 2018

Gonzalez v. 1225 Ogden Deli Grocery Corp.

Plaintiff Javier Garcia Gonzalez, hired by a deli to paint a sign, fell from an unsecured A-frame ladder, sustaining fractured ribs and injuries requiring surgery. He moved for partial summary judgment on Labor Law §§ 240 (1) and 241 (6) claims against defendant property owner Pont Eleve Associates. The Supreme Court denied the motion. The Appellate Division, First Department, modified the order, granting partial summary judgment solely on the Labor Law § 240 (1) claim. The court found plaintiff established a prima facie case with unrebutted testimony, while defendant's opposition, based on unsworn and previously undisclosed hearsay statements, was insufficient to raise a triable issue of fact.

Labor LawLadder AccidentSummary JudgmentHearsay EvidenceWitness StatementsAppellate ReviewPremises LiabilityConstruction SafetyUnsecured LadderPersonal Injury
References
9
Case No. MISSING
Regular Panel Decision

Independent Union of Flight Attendants v. Pan American World Airways, Inc.

The Independent Union of Flight Attendants (IUFA) filed an action against Pan American World Airways, Inc. (Pan Am) under the Railway Labor Act, seeking a preliminary injunction to enforce an April 1, 1985 agreement or, alternatively, to maintain the status quo. A key dispute arose over 'Item 7' of the agreement, regarding pending lawsuits and grievances, with the union claiming its exclusion and Pan Am insisting on its inclusion. The National Mediation Board (NMB) is currently reviewing this interpretive dispute. The court denied the preliminary injunction, reasoning that Pan Am was legally entitled to engage in self-help after exhausting statutory procedures, and that the union failed to demonstrate irreparable harm. The balance of hardships was found to favor Pan Am, and the action was stayed pending the NMB's definitive ruling.

Railway Labor ActPreliminary InjunctionCollective Bargaining AgreementSelf-HelpStatus QuoNational Mediation BoardIrreparable HarmBalance of HardshipsLabor DisputeUnion Rights
References
9
Case No. MISSING
Regular Panel Decision

Texas International Airlines, Inc. v. Association of Flight Attendants

This case involves Texas International Airlines (TIA) challenging an award from the Texas International Airlines Flight Attendants’ System Board of Adjustment, with the Association of Flight Attendants (AFA) counterclaiming for enforcement. The dispute centered on the rights of probationary flight attendants to investigation and hearing following termination for anti-union animus or due to a reduction in force, under both a collective bargaining agreement and the Railway Labor Act. The District Court issued a split decision. It granted summary judgment to TIA, setting aside the Board's award concerning individual probationers Perry and Cedillo, finding the Board exceeded its jurisdiction. However, the court granted summary judgment to AFA, enforcing the Board's award regarding probationary employees affected by a reduction in force, determining the Board had jurisdiction over that issue.

Railway Labor ActCollective Bargaining AgreementProbationary EmployeesFlight AttendantsSystem Board of AdjustmentGrievance ProcedureSummary JudgmentLabor DisputeUnion RepresentationJurisdiction Challenge
References
17
Case No. MISSING
Regular Panel Decision

Airline Flight Attendants in the Service of Texas International Airlines, Inc. v. Texas International Airlines, Inc.

This case addresses a labor dispute between Airline Flight Attendants, represented by the Air Line Pilots Association, International, and Texas International Airlines, Inc. The Flight Attendants sought injunctive relief to stop the Airline's unilateral flight cancellations and rerouting, arguing these were violations of the Railway Labor Act. The central legal question was whether the dispute over mid-month schedule changes constituted a 'major' or 'minor' dispute under the R.L.A., which dictates different resolution procedures. The Court determined that the Airline's actions were arguably covered by existing collective bargaining agreements or fell under its managerial prerogative, thus classifying it as a minor dispute. Consequently, the District Court denied the Flight Attendants' request for an injunction and granted the Airline's motion for summary judgment, remanding the matter to the System Board of Adjustment.

Railway Labor ActMajor DisputeMinor DisputeCollective Bargaining AgreementInjunctionSummary JudgmentFlight AttendantsAirline IndustrySchedule ChangesStatus Quo
References
15
Case No. MISSING
Regular Panel Decision
Mar 07, 2008

Prost v. Association of Flight Attendants

Plaintiffs, U.S. Airways flight attendants, sued the Association of Flight Attendants (AFA) and its President, Patricia A. Friend. They alleged that defendants misrepresented MidAtlantic Airways' corporate structure as a separate entity rather than a division of U.S. Airways, to deny them employment rights under their collective bargaining agreement (CBA). Plaintiffs claimed breach of fair representation under the Railway Labor Act and violations of the Racketeer Influenced and Corrupt Organization Act (RICO). The defendants moved to dismiss the complaint, arguing that the fair representation claims were time-barred and the RICO claim lacked sufficient pleading for "enterprise." The court granted the motion, dismissing the fair representation claims as time-barred (accruing in December 2002 or at latest early 2005) and the RICO claim due to a deficient pleading of the "enterprise" element.

Duty of fair representationRailway Labor ActRICOCollective bargaining agreementStatute of limitationsMotion to dismissAssociation-in-factLabor unionFlight attendantsCorporate structure
References
32
Case No. MISSING
Regular Panel Decision

Fenderson v. Independent Federation of Flight Attendants

Plaintiffs, Gregory Fenderson, James Summers, and Carmelo Torre, are flight attendants for Trans World Airlines (TWA) and moved for partial summary judgment against TWA and the Independent Federation of Flight Attendants (IFFA). They alleged violations of section 2, Eleventh (a) of the Railway Labor Act (RLA) concerning IFFA's union security clause. The plaintiffs challenged two amendments to the IFFA's Constitution and Bylaws: a twelve-month "education and orientation period" where new members couldn't vote, and a $250 initiation/readmission fee. The court granted summary judgment to the plaintiffs regarding the education and orientation period, finding it violated the RLA by not offering membership on the same terms and conditions to all. However, the court denied summary judgment concerning the $250 fee, concluding it was uniformly applied and encompassed by "initiation fees" as per the RLA.

Railway Labor ActUnion Security ClauseFlight AttendantsSummary JudgmentUnion Membership RightsInitiation FeesReinstatement FeesVoting RightsLabor OrganizationsCollective Bargaining
References
10
Case No. MISSING
Regular Panel Decision

Northwest Airlines Corp. v. Ass'n of Flight Attendants-CWA (In Re Northwest Airlines Corp.)

The case involves Northwest Airlines Corporation (Debtors) in Chapter 11 bankruptcy seeking to reject a collective bargaining agreement with its flight attendants, represented by the Association of Flight Attendants-CWA (AFA). Following court authorization for rejection and the failure of two tentative agreements to be ratified by the union membership, the Debtors unilaterally implemented new terms and conditions of employment. In response, AFA threatened strike activity, prompting the Debtors to seek a preliminary injunction to prevent the strike. AFA also moved for an order requiring the Debtors to implement the terms of a more recent, but unratified, agreement. The Court denied the Debtors' motion for a preliminary injunction, citing the Norris-La Guardia Act's anti-injunction provisions and finding that the RLA did not provide a basis to enjoin the strike under these circumstances, especially after the Debtors changed the status quo. The Court also denied AFA's motion to substitute the terms of the later agreement, stating that AFA had not shown sufficient cause and that rewarding a threatened 'CHAOS' strategy would be bad policy.

BankruptcyCollective Bargaining AgreementLabor DisputeRailway Labor Act (RLA)Norris-La Guardia Act (NLGA)Preliminary InjunctionStrike ActivityUnion RepresentationChapter 11Flight Attendants
References
34
Case No. MISSING
Regular Panel Decision

National Propane Gas Ass'n v. United States Department of Transportation

This case involves a challenge by plaintiffs National Propane Gas Association, Northwest Butane Gas Co., and Huffhines Gas, Inc. against the United States Department of Transportation (DOT) and the Research and Special Programs Administration (RSPA). The plaintiffs sought to stay and enjoin the enforcement of RSPA's "Final Rule" and its interpretation of the "Attendance Regulation," alleging violations of the Administrative Procedure Act and the Regulatory Flexibility Act. Both regulations pertain to safety requirements for cargo tank motor vehicles transporting liquefied compressed gases, particularly concerning emergency discharge control systems and operator presence during unloading. The court sided with the defendants, upholding both the Final Rule and RSPA's interpretation of the Attendance Regulation. The ruling affirmed that RSPA's actions were within its statutory authority, were not arbitrary or capricious, and complied with the RFA, based on reasoned decision-making in response to widespread industry noncompliance and potential safety risks.

Regulatory challengeadministrative lawhazardous materialscargo tanksliquefied gasespropanepublic safetyemergency discharge controloperator attendanceRSPA
References
23
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