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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 Lane & Leather Workers' Union of the United States

The case involves an appeal by an employer against a Special Term order compelling arbitration of disputes with a petitioner (union) following the expiration of a collective bargaining agreement. Disputes originated in January 1947 over roller wages, leading to a work stoppage in March that was settled by an agreement to arbitrate. A second dispute arose over the discharge of three employees, also demanded for arbitration. After the contract expired on June 1, 1947, the employer contended its obligation to arbitrate ceased. The Special Term ruled that the duty to arbitrate disputes arising during the contract term survived its expiration. The Appellate Division affirmed this order, specifying that arbitration should be limited to grievances pending before the contract's expiry on May 31, 1947.

ArbitrationCollective Bargaining AgreementWage DisputeWork StoppageEmployee DischargeContract ExpirationArbitrabilityAppellate ReviewLabor LawPanel Decision
References
6
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. American Express Publishing Corp.

The Equal Employment Opportunity Commission (EEOC) filed an action against American Express Publishing Corporation, alleging age discrimination in the termination of J. Stewart Lahey's employment, violating the ADEA. American Express moved for summary judgment, arguing Lahey had released his ADEA claim by signing an agreement for severance pay. A previous summary judgment motion was denied due to factual issues regarding the knowing and voluntary nature of the release. The court, applying factors such as Lahey's education, time to review the agreement, role in negotiation, and clarity of terms, found that while some factors favored dismissal, significant factual disputes remained. These disputes include the actual time Lahey possessed the release, whether he genuinely negotiated its terms, and the extent and understanding of the consideration received. Therefore, the court denied American Express's renewed motion for summary judgment, concluding these issues require a trial.

Age DiscriminationEmployment TerminationRelease AgreementSummary JudgmentVoluntary WaiverKnowing WaiverSeverance PayFactual DisputeADEAEmployee Rights
References
4
Case No. MISSING
Regular Panel Decision

Loblaw, Inc. v. Employers' Liability Assurance Corp.

Loblaw, Inc., a self-insured retail chain, sued its excess insurer, Employers’ Liability Assurance Corporation, for reimbursement under a workers’ compensation policy. The dispute centered on whether Loblaw timely notified Employers’ of an employee's escalating injury claim. Loblaw initially believed the claim would not exceed its $25,000 self-retention, delaying notice until June 1972, despite warnings from its agent and mounting costs. The Supreme Court, Erie County, initially sided with Loblaw, but the Appellate Division reversed, ruling Loblaw had an ongoing obligation to notify the insurer and was derelict by May 1969. This court affirmed the Appellate Division's dismissal of Loblaw's complaint, holding that the notice given in June 1972 was too late as a matter of law, given the claim had exceeded $21,000 by December 1970.

Insurance policy interpretationWorkers' compensationExcess insuranceNotice provisionSelf-insurerTimely noticeAppellate reviewContract constructionObjective standardSubjective judgment
References
22
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Newspaper Guild of Buffalo, Local No. 26 & Tonawanda Publishing Corp.

This case involves an appeal by a union against an employer after the denial of a motion to compel arbitration. The dispute arose when the employer ceased paying a Christmas bonus, a customary practice, claiming it was not explicitly covered by the collective bargaining agreement. The union's attempts to initiate grievance procedures were rebuffed by the employer, who argued no dispute existed. The court ruled that denying the motion was an error, emphasizing that courts should not delve into the merits of a grievance and that arbitration cannot be sidestepped due to a party's refusal to adhere to contractual pre-arbitration obligations. The order was reversed, and the motion to compel arbitration was granted.

ArbitrationCollective BargainingEmployer-Employee RelationshipBonus DisputesGrievance ProceduresContract InterpretationAppellate ReviewLabor LawMotion to Compel
References
6
Case No. MISSING
Regular Panel Decision

Williamsbridge Manor Nursing Home v. Local 144 Division of 1199, National Health & Human Services Employers Union

Plaintiff Williamsbridge Manor Nursing Home sought to permanently enjoin an arbitration hearing related to the suspension of its employee, Cynthia Sullivan. The defendant, New York’s Health & Human Services Employers Union 1199/SEIU, AFL-CIO, opposed this motion and cross-moved for summary judgment and/or dismissal. The core issue revolved around whether an obligation to arbitrate survived the expiration of the collective bargaining agreement (CBA) in October 1997, given that the incident leading to Sullivan's suspension occurred in December 1998. The court determined that the dispute did not arise under the expired CBA, nor was there an implied-in-fact agreement to arbitrate post-expiration disputes, as the plaintiff's conduct was inconsistent with implied consent. Furthermore, the court ruled that the plaintiff's petition was not moot, despite the arbitration having already taken place, because the court retains power to act until an arbitration award is confirmed. Consequently, the plaintiff's motion to permanently enjoin the arbitration was granted, and the defendant’s motion to dismiss for mootness was denied.

ArbitrationCollective Bargaining AgreementCBA ExpirationImplied-in-fact ContractFederal Arbitration ActLabor Management Relations ActPermanent InjunctionMootnessEmployee SuspensionJudicial Determination
References
25
Case No. ADJ8594071
Regular
May 15, 2018

STEPHEN RANDALL vs. DTM ENTERPRISES, INC., PRECISION DOOR SERVICE, DONALD TAYLOR, JACQUELYN TAYLOR, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, LUMBERMEN'S UNDERWRITING, UNINSURED EMPLOYERS' BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied DTM Enterprises' petition for reconsideration. DTM argued the judge erred in finding the applicant solely employed by them and that the case should be handled by an arbitrator due to an insurance dispute. However, the applicant testified he only received direction and pay from DTM, never heard of Tri-State, and no evidence of a dual employment contract was presented. The Board found no indication of employment by any entity other than DTM and that insurance coverage disputes are separate from employment determinations.

Workers' Compensation Appeals BoardDTM EnterprisesPrecision Door ServiceDonald TaylorJacquelyn TaylorCalifornia Insurance Guarantee AssociationLumbermen's UnderwritingUninsured Employers' Benefits Trust Fundgeneral/special employmentcontractual issue
References
6
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Fay & Signal-Stat Corp.

This case involves a dispute stemming from a stipulation made on August 7, 1952, between a petitioner (union) and a respondent (employer). The stipulation concerned the reinstatement of an employee named Pagan on probation in the employer's screw driver department. It was agreed that if Pagan's production fell below a certain standard, the matter would be submitted to arbitration. On December 18, 1952, the employer demanded arbitration regarding their right to discharge Pagan for non-compliance with the stipulation. The petitioner appealed an order denying a motion to stay arbitration. The court affirmed the order, stating that the August 7, 1952, stipulation did not intend to limit the arbitrator's authority, allowing the arbitrator to determine the resolution of the dispute, which could include Pagan's transfer or discharge.

arbitrationunionemployeremployeestipulationdischargeprobationproduction disputearbitrator authorityappeal
References
1
Case No. MISSING
Regular Panel Decision

Union Appointed Trustees of the Tapers Industry Insurance & Annuity Funds v. Employer-Appointed Trustees of the Tapers Industry Insurance & Annuity Funds

A dispute arose between the Employer-Appointed Trustees and Union-Appointed Trustees of the Tapers Industry Insurance and Annuity Funds concerning delinquent employer contributions. An arbitrator issued an award, which the Employer-Appointed Trustees sought to confirm and the Union-Appointed Trustees cross-moved to vacate. Judge Walker of the District Court reviewed the arbitration award, noting the arbitrator based his findings on prior judicial decisions rather than independently interpreting the collective bargaining agreement. The Court determined that the arbitrator failed to apply the contract as bargained for by the parties, thus exceeding his authority. Consequently, the Court vacated the arbitration award and remanded the dispute for proceedings consistent with its order.

Arbitration AwardVacate Arbitration AwardConfirm Arbitration AwardCollective Bargaining AgreementTrust FundsDelinquent ContributionsRes JudicataManifest Disregard of LawScope of Judicial ReviewLabor Dispute
References
12
Case No. MISSING
Regular Panel Decision

Willo Packing Co. v. Butchers, Food Handlers & Allied Workers Union, Local 174

The Employer sued the Union for breach of a no-strike provision in their collective bargaining agreement, seeking damages. The Union moved to stay the action and compel arbitration, arguing the dispute fell within the agreement's arbitration clause. The Employer countered that the grievance procedure leading to arbitration was exclusively for employee claims. District Judge Edward Weinfeld examined Articles 34 and 36 of the agreement, noting that the language regarding "complaints, grievances and disputes" implied a broader scope for arbitration beyond just employee grievances. Concluding that the no-strike breach could not be excluded with positive assurance from the arbitral process, the court granted the Union's motion, staying the action and directing the parties to arbitration.

Collective BargainingArbitrationNo-Strike ClauseLabor LawFederal CourtsContract InterpretationGrievance ProcedureMotion to StayNew York
References
11
Case No. MISSING
Regular Panel Decision

Claim of Schmeiser v. Wnuk

The claimant sustained an injury during her employment with an uninsured employer. The central legal question was whether her employment constituted 'covered employment' under the Workmen’s Compensation Law, particularly concerning the definition of a 'domestic worker' in section 3 (subd. 1, group 12). The employer contended the claimant was a governess and thus not a domestic worker. However, the claimant testified to regularly performing household duties such as cooking, washing dishes, and cleaning, presenting a question of fact. The Workmen’s Compensation Board resolved this factual dispute in favor of the claimant, finding her employment to be covered. The appeal from this decision and award was unanimously affirmed, with the court finding no prejudice to the appellant.

Workers' CompensationCovered EmploymentDomestic WorkerHouseworkUninsured EmployerAppealAffirmationGovernessQuestion of FactEmployment Definition
References
0
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