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

Case No. 03-98-00533-CV
Regular Panel Decision
Jul 15, 1999

Carole Keeton Rylander, Comptroller of Public Accounts of the State of Texas And John Cornyn, Attorney General of the State of Texas v. 3 Beall Brothers 3, Inc.

3 Beall Brothers 3, Inc. (Bealls), a fiscal year taxpayer, sued the Comptroller for a refund of an "additional tax" after its merger, claiming the tax was unconstitutional as it resulted in fiscal year taxpayers paying tax on earned surplus over a longer period than calendar year taxpayers upon ceasing business. The district court sided with Bealls. However, the Texas Court of Appeals reversed this decision, upholding the constitutionality of the additional tax. The court found the tax rationally related to legitimate state purposes of revenue generation and mitigating fiscal effects of corporate reorganizations, and it did not violate equal protection, equal and uniform taxation, or the federal commerce clause. The court determined the tax applied even-handedly based on previously untaxed earned surplus and Bealls had a substantial nexus with Texas.

Franchise TaxAdditional TaxConstitutional LawEqual ProtectionCommerce ClauseTaxationFiscal YearCalendar YearCorporate ReorganizationEarned Surplus
References
36
Case No. 01-17-0002-1912
Regular Panel Decision

International Brotherhood of Electrical Workers, Local Union No. 3 v. Charter Communications, Inc.

Plaintiff International Brotherhood of Electrical Workers, AFL-CIO, Local Union No. 3 ("Local 3") sought a temporary restraining order and preliminary injunction to stay an arbitration initiated by defendant Charter Communications, Inc. ("Charter"). The arbitration concerns a work stoppage and alleged violation of a no-strike clause. The court denied Local 3's motion, ruling that Local 3 failed to demonstrate irreparable harm because it chose not to participate in the arbitration and could later challenge any adverse arbitral award in court. The decision emphasized that the monetary cost of arbitration alone does not constitute irreparable injury and highlighted the importance of demonstrating actual harm.

Arbitration StayPreliminary InjunctionTemporary Restraining OrderLabor DisputeCollective Bargaining AgreementNo-Strike ClauseIrreparable HarmArbitrabilityFederal Court ProcedureJudicial Review of Arbitration
References
30
Case No. MISSING
Regular Panel Decision

Int'l Bhd. of Elec. Workers, AFL-CIO, Local Union No. 3 v. Charter Commc'ns, Inc.

This case concerns a dispute between Local 3 and Charter Communications regarding a Collective Bargaining Agreement (CBA). The core issue is whether Local 3 members were bound by a CBA provision requiring arbitration of disputes during a strike in March 2017. The court found that Local 3's conduct, including signing a Memorandum of Agreement (MOA), ratifying it, accepting improved wages and benefits, and utilizing grievance and arbitration procedures for almost two years, manifested an intent to be bound by the no-strike and arbitration provisions. Despite previous NLRB decisions regarding the inclusion of riders in the CBA, the District Court determined that the parties' actions indicated a binding agreement on the no-strike and grievance terms. Consequently, summary judgment was granted in favor of Charter, and arbitration was ordered.

Collective Bargaining AgreementArbitrationNo-Strike ClauseSummary JudgmentLabor Management Relations ActContract LawIntent to be BoundUnion DisputeEmployer-Employee RelationsFederal Court Jurisdiction
References
22
Case No. MISSING
Regular Panel Decision

Allen Bradley Co. v. Local Union No. 3 International Brotherhood of Electrical Workers

This motion concerns plaintiffs' request to hold Harry VanArsdale, Jr., and Local Union No. 3, International Brotherhood of Electrical Workers, in contempt for failing to obey a subpoena. The underlying action involves accusations of a conspiracy to prevent the sale of electrical products. During proceedings before a Special Master, VanArsdale, Jr., as business manager of the Union, refused to produce a complete file of 'Allied Union News' issues despite a validly issued subpoena duces tecum. The court acknowledges the refusal was not contumacious but legally incorrect. Consequently, the court finds both VanArsdale, Jr., and Local Union No. 3 in contempt and orders the production of the requested documents, suspending punishment and costs contingent on their compliance.

Contempt of CourtSubpoena Duces TecumLabor UnionDiscoveryDocument ProductionSpecial MasterConspiracyInterstate CommerceRefusal to ComplyCourt Order
References
1
Case No. MISSING
Regular Panel Decision

Rylander v. 3 Beall Bros. 3, Inc.

3 Beall Brothers 3, Inc. (Bealls), a fiscal year taxpayer, sued the Comptroller for a refund of an additional tax, arguing it was unconstitutional and violated equal protection, uniform taxation, and the federal commerce clause. Bealls claimed the tax disproportionately affected fiscal year taxpayers by taxing them for a longer period upon corporate termination. The district court granted summary judgment in favor of Bealls. The Court of Appeals reversed this decision, holding that the additional tax was constitutional. The court found the tax rationally related to legitimate state interests in revenue generation and mitigating corporate reorganizations, and that it applied equally within its class without violating the commerce clause.

Tax LawFranchise TaxConstitutional LawEqual ProtectionCommerce ClauseFiscal Year TaxpayerCorporate ReorganizationEarned SurplusStatutory InterpretationSummary Judgment
References
37
Case No. Nos. 3:00-0448; 3:01-0216; 3:02-0129; 3:02-0152
Regular Panel Decision
Jun 06, 2003

Southern Electrical Health Fund v. Kelley

These four consolidated actions involve claims under the Miller Act and ERISA, along with breach of contract cross-claims. The Court conducted a bench trial from June 3 to June 6, 2003. The Court found Mr. Cates and Cates, Inc. in contempt for violating a temporary injunction and ordered them to pay a compliance fine. Additionally, the Court ruled in favor of the Plaintiffs against Cates, Inc. and Heritage for Miller Act violations and against Mr. Cates for breach of his ERISA fiduciary duties. The cross-claims between KTE and Cates, Inc. were dismissed without prejudice due to a mandatory arbitration clause.

Miller ActERISABreach of ContractContempt of CourtFiduciary DutyJoint EmployerSubcontractor LiabilitySurety BondPension FundsHealth Funds
References
43
Case No. 2018 NY Slip Op 07834 [166 AD3d 468]
Regular Panel Decision
Nov 15, 2018

Charter Communications, Inc. v. Local Union No. 3

The Appellate Division, First Department, affirmed the Supreme Court's orders. The Supreme Court had denied Charter Communications, Inc.'s motion for a preliminary injunction against Local Union No. 3's picketing campaign and its motion to compel expedited discovery. Additionally, the Supreme Court granted the defendants' motion to dismiss the complaint. The Appellate Division found that the lower court properly declined to make factual findings required for injunctive relief under Labor Law § 807 and correctly dismissed common-law tort claims due to a failure to plead that individual union members authorized or ratified the alleged unlawful actions.

Preliminary InjunctionPermanent InjunctionLabor DisputePicketingTrespassingCommon-Law TortUnion LiabilityExpedited DiscoveryAppellate ReviewDismissal of Complaint
References
3
Case No. MISSING
Regular Panel Decision

United States v. Local Union No. 3 of International Brotherhood of Electrical Workers

The court addresses demurrers to three indictments against Local Union No. 3 of the International Brotherhood of Electrical Workers for alleged violations of the Sherman Act. The indictments claim the union conspired to prevent the installation of out-of-state electrical equipment in New York City, thereby diverting work to local manufacturers and increasing costs. Defendants argued that the Sherman Act does not apply to labor unions and that their actions constituted a 'labor dispute' immune from antitrust laws. The court rejected these arguments, finding that the alleged conspiracy's effect on market prices and free competition fell within the scope of the Sherman Act, and that the conduct did not constitute a legitimate 'labor dispute.' Consequently, the court overruled the demurrers.

Sherman ActLabor UnionsAntitrust LawInterstate CommerceRestraint of TradeDemurrersIndictmentsElectrical IndustrySecondary BoycottPrice Fixing
References
11
Case No. MISSING
Regular Panel Decision

New York Electrical Contractors' Ass'n v. Local Union No. 3 of International Brotherhood of Electrical Workers

This decision addresses an application filed by Local Union No. 3 of the International Brotherhood of Electrical Workers, a defendant in the original action. The union sought to quash the summons and service of other legal papers, asserting misnomer and improper service. The court noted that under Section 13 of the General Associations Law, actions against unincorporated associations must be brought against the president or treasurer, and service must be made upon these officers. Despite the plaintiff naming the union's president and treasurer in its papers, service on the local union was made on its general counsel and its financial secretary individually, not its president or treasurer. The court found this service insufficient to establish jurisdiction over the local union and, consequently, granted the motion to quash the service.

JurisdictionService of ProcessUnincorporated AssociationMisnomerGeneral Associations LawCivil Practice ActMotion to QuashLabour UnionStatutory InterpretationProcedural Law
References
6
Case No. MISSING
Regular Panel Decision

Gulf Shores Council of Co-Owners, Inc. v. Raul Cantu No. 3 Family Ltd. Partnership

The Fourth Court of Appeals reversed a trial court's judgment concerning a dispute between the Gulf Shores Council of Co-Owners, Inc., and the Raul S. Cantu No. 3 Family Limited Partnership. The core issue was the Council's right to levy fees on unit owners who rented outside the designated rent pool and to prohibit the use of independent leasing agents. The trial court had ruled these actions unenforceable and awarded damages for tortious interference. However, the appellate court found that the Council's fees and prohibitions were reasonable and justified under the condominium's Declaration and Bylaws, and that they had a legal right to interfere with the Partnership's contracts. Consequently, the appellate court reversed the damages awarded to the Partnership and rendered judgment in favor of the Council for unpaid assessments and attorney fees.

Condominium LawProperty RightsRental ManagementHomeowners AssociationTortious InterferenceContract LawAppellate ReviewDeclaratory JudgmentUnpaid AssessmentsAttorney Fees
References
20
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