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

Case No. CIV-88-1404C, CIV-90-481C
Regular Panel Decision

CSX Transportation, Inc. v. United Transportation Union

CSX Transportation, Inc. (CSXT) initiated the sale of a 369-mile rail line, which threatened the jobs of 226 employees. In response, the United Transportation Union and American Train Dispatchers Association (the Unions) invoked the Railway Labor Act (RLA) § 6, seeking to negotiate labor-protective provisions and preserve the status quo. The district court initially deemed the dispute 'minor' due to CSXT's plausible contractual defense, allowing the sale to proceed while the matter went to arbitration. A special adjustment board subsequently found CSXT's contractual defense unavailing, concluding that existing agreements did not permit the sale without prior bargaining over employee impacts. This court affirmed the board's jurisdiction and its finding, clarifying that the Unions were indeed entitled to status quo preservation during such bargaining, distinguishing its ruling from other circuits that had broadened management prerogative in partial business sales. The case is now remanded to the board to determine the appropriate remedies for the affected union members.

Railway Labor ActLabor DisputeCollective BargainingStatus QuoLine SaleArbitrationMajor DisputeMinor DisputeManagement PrerogativeEmployee Protection
References
51
Case No. MISSING
Regular Panel Decision

Decker v. CSX Transportation, Inc.

Plaintiffs, including the United Transportation Union and Local 377, initiated an action in state court against CSX Transport, Inc. (CSXT), alleging violations of the Railway Labor Act's status quo provisions related to CSXT's planned sale of a rail line. CSXT moved for dismissal, contending that the plaintiffs' notice was barred by a national agreement moratorium, Local 377 lacked standing, the carrier held a unilateral right to sell lines, and the Interstate Commerce Commission (ICC) preempted RLA Section 6. Conversely, plaintiffs asserted that the National Mediation Board had docketed their dispute as major, the sale was a tactic to circumvent RLA provisions, and the moratorium did not apply to them due to local bargaining representation. The court, drawing parallels with Railway Labor Executives’ Association v. Staten Island Railroad Corp., determined that the ICC's authorization of the sale brought the matter under its exclusive jurisdiction. Consequently, the court found itself unable to provide a remedy without interfering with the ICC's order and granted CSXT's motion to dismiss for failure to state a claim.

Railway Labor ActStatus Quo ProvisionsMotion to DismissRail Line SaleInterstate Commerce CommissionPreemptionCollective BargainingLabor DisputeInjunctive ReliefJurisdiction
References
10
Case No. MISSING
Regular Panel Decision

Claim of Fisher v. KJ Transportation

Claimant, a tractor-trailer driver for KJ Transportation (KJT), sustained a work-related back injury. KJT, facing bankruptcy, entered into an agreement with Omne Staffing, Inc. to provide workers' compensation insurance, purportedly making KJT's employees those of Omne. The Workers’ Compensation Board ruled that an employer-employee relationship still existed between the claimant and KJT, prompting KJT's appeal. The appellate court affirmed the Board's decision, finding substantial evidence that KJT maintained control over the claimant's work, provided equipment, and was listed as the payor, thus establishing the employer-employee relationship despite the agreement with Omne.

Employer-employee relationshipWorkers' Compensation InsuranceBankruptcy implicationsStaffing agreementAppellate affirmationControl test for employmentWork-related back injuryThird-party liabilityCorporate restructuringLegal precedent
References
2
Case No. 97 Civ. 8830(SAS)
Regular Panel Decision
Jun 17, 1998

Waterman v. Transport Workers' Union Local 100

Plaintiff Andre Waterman, a bus driver, was terminated after testing positive for cocaine. He filed an action against Transport Workers’ Union Local 100 for breach of fair representation and against Malcolm Goldstein and O’Donnell Schwartz Glanstein & Rosen for legal malpractice. The defendants moved for summary judgment. The court granted the defendants' motion, dismissing the claim against the union on grounds of res judicata and the six-month statute of limitations. The malpractice claim against Goldstein and his firm was also dismissed, as the court found that union attorneys acting as agents of the union in collective bargaining agreement contexts are immune from suit by individual union members.

Summary JudgmentBreach of Fair RepresentationLegal MalpracticeRes JudicataStatute of LimitationsUnion ImmunityAttorney ImmunityDrug TestingEmployment TerminationCollective Bargaining Agreement
References
41
Case No. 536090
Regular Panel Decision
Dec 14, 2023

In the Matter of the Claim of Tara Brown

Tara Brown sought workers' compensation for injuries sustained as a medical transport driver. The Workers' Compensation Board initially found Buffalo Transportation, Inc. to be her employer and State National Insurance Company as the responsible carrier. However, in an amended decision, the Board concluded that Brown was an employee of Buffalo Transportation but *not* a leased employee covered by State National's policy with Southeast Personnel Leasing, Inc. Consequently, the Uninsured Employers' Fund was put on notice due to Buffalo Transportation's lack of coverage. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the distinction from previous cases and the finding that Brown was not a leased employee.

Workers' CompensationEmployment RelationshipProfessional Employment Organization (PEO)Leased EmployeesInsurance CoverageUninsured Employers' FundAppellate ReviewJudicial ReviewEvidence SufficiencyBoard Jurisdiction
References
10
Case No. 12-CV-8450 (JMF)
Regular Panel Decision
Jun 16, 2014

Saleem v. Corporate Transportation Group, Ltd.

Plaintiffs, a group of drivers for a black car business, sued the Defendants, a consortium of transportation and franchisor entities, alleging violations of the Fair Labor Standards Act (FLSA) and the New York State Labor Law (NYLL) for unpaid overtime. The central issue was whether the drivers should be classified as 'employees' or 'independent contractors.' The Court, after cross-motions for summary judgment, applied the economic reality test for FLSA and the control test for NYLL. The Court determined that, under both statutes, the drivers were independent contractors due to their control over their schedules, ability to work for competitors, significant business investments, and independent initiative. Consequently, the Defendants' motion for summary judgment was granted, and the case was dismissed.

Independent ContractorEmployee MisclassificationFLSANYLLBlack Car BusinessDriversSummary JudgmentEconomic Reality TestControl TestLabor Law
References
54
Case No. 2021 NY Slip Op 04070
Regular Panel Decision
Jun 24, 2021

Matter of Cisnero v. Independent Livery Driver Benefit Fund

Claimant Jeffrey Cisnero, an independent livery driver, sustained injuries when he was shot during a dispatch. He filed a claim for workers' compensation benefits, which was initially disallowed by a WCLJ but later reversed by the Workers' Compensation Board, finding coverage through the Independent Livery Driver Benefit Fund (ILDBF). The carrier appealed, arguing misinterpretation of the relevant statutes, particularly Executive Law § 160-ddd (1). The Appellate Division, Third Department, affirmed the Board's decision, determining that Cisnero's injuries arose out of and in the course of providing covered services as an independent livery driver dispatched by an ILDBF member. The court found that the vehicle's attenuated affiliation with the New York Black Car Operators' Injury Compensation Fund, Inc. did not alter ILDBF's liability.

Workers' CompensationLivery DriverIndependent ContractorBenefit FundAccidental InjuryCourse of EmploymentStatutory InterpretationExecutive LawWorkers' Compensation LawAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Lawson v. Greenburgh Central School District Number 7

Lawson, a school bus driver for Shore Transportation Co., was dismissed after the Central School District alleged erratic driving and demanded his removal. Shore had a contract with the district giving the latter approval rights over drivers. Lawson initiated a CPLR article 78 proceeding, converted to a declaratory judgment action, to annul his dismissal and compel the appellants (Central School District and Shore) to grant an evidentiary hearing. The appellants' motion to dismiss was denied. The court affirmed the denial, ruling that the school district's substantial contractual and statutory control over driver employment, even without direct employment, could entitle Lawson to procedural due process protections, thus stating a valid cause of action for a hearing.

Procedural Due ProcessEmployment TerminationDeclaratory JudgmentCPLR Article 78School Bus DriverContractual ControlEvidentiary HearingAppellate ReviewEmployer-Employee RelationshipConstitutional Rights
References
4
Case No. MISSING
Regular Panel Decision

Schreiber v. K-Sea Transportation Corp.

Nicholas Schreiber, a seaman employed by K-Sea Transportation, sustained injuries. After receiving maintenance and medical expenses, he agreed to K-Sea's arbitration program for further claims in exchange for advance wages. Following a deterioration of his condition and additional surgeries, Schreiber sued K-Sea under the Jones Act. K-Sea initiated arbitration, but Schreiber sought to stay it due to the substantial filing fees and his claim of being unaware of his rights. The Supreme Court granted a permanent stay, deeming the agreement unconscionable and a waiver of jury trial rights. This appellate court reversed, finding the agreement was not a release and the financial burden was speculative. The case was remanded to the Supreme Court for a hearing to determine if Schreiber's waiver of Jones Act rights and agreement to arbitrate was freely and knowingly entered into, considering his status as a ward of admiralty.

Jones ActArbitration AgreementSeaman InjuriesPersonal Injury ClaimWaiver of RightsFederal Arbitration ActEmployment ContractsAppellate ReviewRemand for HearingMaritime Law
References
21
Case No. 2017 NY Slip Op 01785
Regular Panel Decision
Mar 09, 2017

Henvill v. Metropolitan Transportation Authority

Winston Henvill appealed the dismissal of his complaint and the denial of his petition to vacate an arbitration award, which resulted in the termination of his employment. The Supreme Court had granted defendants' motion to dismiss Henvill's complaint and denied his petition seeking to vacate the arbitration award based on a finding of misconduct. Henvill argued that the Metropolitan Transportation Authority Police Benevolent Association (PBA) breached its duty of fair representation and that the arbitrator's fact-finding was irrational. The Appellate Division affirmed the lower court's decisions, finding no evidence that the PBA's conduct was arbitrary, discriminatory, or in bad faith. Furthermore, the court emphasized that judicial review of arbitration awards is limited to statutory grounds and does not permit reviewing the arbitrator's findings of fact.

Breach of Duty of Fair RepresentationArbitration AwardEmployment TerminationMisconductCPLR Article 75Vacatur of Arbitration AwardCollective Bargaining AgreementAppellate ReviewJudicial Review of ArbitrationLabor Law
References
12
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