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

Case No. 2016 NY Slip Op 00977 [136 AD3d 824]
Regular Panel Decision
Feb 10, 2016

Matter of Long Beach Professional Firefighters Assn., Local 287 v. City of Long Beach

Jay Gusler, a lieutenant in the City of Long Beach Fire Department and a member of Long Beach Professional Firefighters Association, Local 287, was demoted to firefighter. This demotion followed a disciplinary proceeding presided over by Robert L. Douglas, as per a settlement agreement between the City and the Association. The appellants (Gusler and the Association) initiated a CPLR article 78 proceeding to challenge the demotion, arguing Douglas lacked authority under the City Code. The Supreme Court, Nassau County, dismissed the proceeding. The Appellate Division, Second Department, affirmed this decision, finding that the City and Association could negotiate a collective bargaining agreement allowing demotion, and Douglas acted within the authority granted by their settlement agreement.

DemotionFirefightersCollective Bargaining AgreementSettlement AgreementDisciplinary ProceedingsArticle 78 ProceedingArbitrator AuthorityCity CodePublic EmploymentAppellate Review
References
6
Case No. CA 11-00125
Regular Panel Decision
Jun 17, 2011

COMMUNICATION WORKERS OF AMERICA, L v. TOWN OF GREECE

This case concerns an appeal from an order of the Supreme Court, Monroe County, which partially vacated an arbitration award. The arbitration involved a disciplinary action against a Town of Greece police sergeant, a member of the Communication Workers of America, Local 1170, who had been demoted. The arbitrator found just cause for demotion but deemed a permanent demotion unreasonable, converting it to a one-year demotion. The Union sought to confirm the award, while the Town sought partial vacatur. The Appellate Division, Fourth Judicial Department, reversed the Supreme Court's order, granted the Union's petition, denied the Town's cross-petition, and confirmed the arbitration award. The court held that the arbitrator did not exceed his authority by modifying the penalty, as the collective bargaining agreement allowed for such a determination if the penalty was found unreasonable, arbitrary, or capricious, and did not contain specific limitations on the arbitrator's power to fashion a new penalty.

Collective Bargaining AgreementArbitration AwardPublic PolicyGrievanceDemotionAppellate ReviewJudicial AuthorityArbitrator's PowerContractual InterpretationUnreasonable Penalty
References
10
Case No. MISSING
Regular Panel Decision

Kelly v. New York State Executive Department

Defendant Albert E. Caccese, while serving as Chief Counsel and later Executive Deputy Commissioner of the Office of Parks, Recreation and Historic Preservation (OPRHP), secured loans from his Commissioner Orin Lehman and a Regional Director (plaintiff) under the guise of gambling debts and real estate investments. Following an investigation by the State Inspector General revealing Caccese's practices, the plaintiff was demoted in 1991, incurring a $25,000 annual salary loss. The plaintiff initiated an action under 42 USC § 1983, asserting retaliatory demotion for exercising his First Amendment right to free speech by reporting Caccese's financial dealings with concessionaires. Defendants Lehman and Caccese sought summary judgment, attributing the demotion to budgetary constraints and plaintiff's subpar job performance, but the Supreme Court rejected their motions. The appellate court upheld the Supreme Court's decision, concluding that the plaintiff presented adequate evidence, including positive job evaluations, to establish a genuine dispute of material fact regarding whether his protected conduct was a substantial factor in his demotion.

Retaliatory demotionFirst Amendment free speechPublic employee rightsSummary judgment standardsGovernment ethicsWhistleblower allegationsOfficial misconductBudgetary defenseJob performance disputeAppellate review
References
12
Case No. MISSING
Regular Panel Decision

Reeves v. Brand-Name Fashion Outlet

Virginia H. Reeves sued Brand-Name Fashion Outlet alleging sex discrimination after being demoted from assistant store manager to sales clerk because she was pregnant. The defendant contended that the demotion was due to unsatisfactory job performance, not pregnancy. The court found that Reeves established a prima facie case of sex discrimination under Title VII of the Civil Rights Act of 1964. However, the defendant successfully rebutted this by demonstrating a legitimate, non-discriminatory reason for the demotion, supported by testimony regarding Reeves' lack of initiative and leadership qualities during her training. Ultimately, the Court ruled in favor of the defendant, dismissing Reeves' complaint and her claim of constructive discharge.

Sex DiscriminationEmployment LawPregnancy DiscriminationTitle VIICivil Rights ActDisparate TreatmentJob PerformanceDemotionConstructive DischargePrima Facie Case
References
5
Case No. 02-13-00405-CV
Regular Panel Decision
May 29, 2014

Uneeda Reed v. Cook Children's Medical Center, Inc.

Uneeda Reed appealed a trial court's summary judgment in favor of Cook Children’s Medical Center, Inc. (CCMC) on her claims of racial discrimination and retaliation. Reed, an African-American lead tech, alleged discrimination after being denied T-DOC training and a special assignment, and claimed retaliation following her demotion and pay cut after raising concerns about unfair treatment and perceived racial issues. CCMC contended Reed's demotion was due to disruptive behavior, supported by coworker complaints, and the trial court excluded some of Reed's supporting evidence as hearsay. The appellate court affirmed, ruling that Reed failed to demonstrate an "ultimate employment decision" for her discrimination claim and could not prove CCMC's non-discriminatory reason for demotion was a pretext for retaliation.

Racial DiscriminationRetaliationSummary JudgmentAdverse Employment ActionPretextDisparate TreatmentHearsayTexas Labor CodeTitle VIIBurden-Shifting Analysis
References
50
Case No. MISSING
Regular Panel Decision

Newsom v. Textron Aerostructures

Charles K. Newsom, an employee of Textron Aerostructures, Inc. for 34 years, was demoted from Senior Compliance Analyst to Buyer II in 1989 and later terminated in 1992. Newsom sued his employer, alleging violations of the Age Discrimination in Employment Act (ADEA) and the Tennessee Human Rights Act (THRA) due to age discrimination in his demotion and retaliatory discharge. He also claimed slander and outrageous conduct. The trial court granted summary judgment to Textron. This appellate court affirmed the summary judgment, finding Newsom's ADEA claims time-barred for not filing with the EEOC within 300 days of his demotion, and his THRA retaliatory discharge claim lacked a causal connection. The court also dismissed the outrageous conduct and defamation claims, stating the conduct was not sufficiently extreme and no specific defamatory statements were proven.

Age DiscriminationRetaliatory DischargeSummary JudgmentTennessee Human Rights ActAge Discrimination in Employment Act (ADEA)Statute of LimitationsEquitable TollingPretext (Employment Law)Outrageous Conduct (Tort Law)Defamation
References
23
Case No. 13-20-00310-CV
Regular Panel Decision
Mar 11, 2021

San Benito Consolidated Independent School District v. Maria Conception Cruz

Maria Conception Cruz (Appellee) sued San Benito Consolidated Independent School District (Appellant) for age discrimination after she was demoted from her director position to Title 1 Coordinator. Cruz, who had worked for SBISD for twenty-seven years, alleged that her new supervisors, Nate Carman and Hector Madrigal, created a discriminatory work environment based on her age and eventually demoted her. SBISD appealed the denial of its plea to the jurisdiction, arguing that Cruz failed to establish a prima facie case as she was replaced by someone insignificantly younger (Olivia Flores, 67, compared to Cruz, 68) and that they had legitimate, non-discriminatory reasons for her reassignment. Cruz contended that Flores was a temporary replacement, and her true replacement was Dilia Cornett (49), who was significantly younger. The Court of Appeals found that Cruz raised a fact issue regarding her replacement and presented sufficient evidence to suggest that SBISD's stated reasons for her demotion were pretextual. The court affirmed the trial court's denial of SBISD's plea to the jurisdiction.

Age DiscriminationEmployment DiscriminationTexas Commission on Human Rights ActTCHRAPrima Facie CasePretextDemotionSchool DistrictGovernmental ImmunityMcDonnell Douglas Framework
References
32
Case No. MISSING
Regular Panel Decision

Johnson v. New York City Transit Authority

The petitioner, a 15-year employee of the New York City Transit Authority named Johnson, was demoted from structure supervisor and foreman to structure maintainer after a disciplinary hearing. This demotion followed a blood alcohol test, which showed .7 milligrams of alcohol per cubic centimeter in his blood, taken after he was involved as a passenger in a minor traffic accident. The Transit Authority's determination was based on an internal, uncodified policy stating that a .5 blood alcohol reading automatically proved intoxication, despite no evidence of Johnson's actual intoxication or poor performance. Johnson testified the alcohol was from prescription cough medicine and two scotches consumed over 21 hours prior. The court, reviewing the determination under CPLR article 78, annulled the demotion, ruling that the finding of unfitness was not supported by substantial evidence, especially considering New York State Vehicle and Traffic Law § 1195 (2)(b) deems a .7 reading prima facie evidence of *not* being intoxicated. The court ordered Johnson restored to his supervisory position with full back pay.

Disciplinary ActionDemotionBlood Alcohol TestUnfitness for DutyCPLR Article 78Administrative ReviewIntoxication PolicyBack PayJudicial AnnulmentPrescription Medication
References
2
Case No. ADJ6550105, ADJ6976802, ADJ6777361
Regular
Mar 13, 2020

ESTHER GARCIA vs. ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the employer's reconsideration petition and granted the applicant's. The Board amended the previous award to find that the applicant met her initial burden of proof for a Labor Code section 132a discrimination claim, specifically regarding her demotion after sustaining industrial injuries. However, the issue of whether the employer had a legitimate business reason for the demotion was deferred and returned to the trial level for further proceedings. The Board upheld the WCJ's findings regarding the applicant's permanent disability and the substantiality of the agreed medical evaluator's opinion.

Labor Code Section 132aDemotionIndustrial InjuryDiscriminationReconsiderationAgreed Medical EvaluatorPermanent DisabilityApportionmentPrima Facie CaseLegitimate Business Reason
References
21
Case No. MISSING
Regular Panel Decision

Claim of Hambly v. Big V Supermarkets

The claimant suffered a compensable back injury in September 1992 and received workers' compensation benefits until November 1992 when she returned to work. She resigned in May 1994 after being demoted for excessive absences. The Workers’ Compensation Board denied her application for reduced earnings benefits, finding that her resignation was for reasons unrelated to her back injury. Although a causally related partial disability was undisputed, there was no substantial evidence that it caused her reduced earnings. The record indicated her resignation was due to demotion, partly caused by absences from other physical ailments. The decision to deny benefits was affirmed.

Workers' Compensation BenefitsReduced EarningsPartial DisabilityResignationDemotionExcessive AbsencesCausationSubstantial EvidenceAppellate AffirmationBack Injury
References
5
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