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

Case No. MISSING
Regular Panel Decision

Ley v. Rochester Regional Joint Board, Local 14A

Rhonda P. Ley, Regional Director of the National Labor Relations Board, filed a petition against the Rochester Regional Joint Board, Local 14A (Union) seeking a preliminary injunction. Ley alleged that Article XXII of the collective bargaining agreement between the Union and Xerox Corporation (Employer) constituted an unlawful 'union signatory' agreement under Section 8(e) of the National Labor Relations Act. Furthermore, Ley claimed that the Union's continued attempts to enforce Article XXII violated Sections 8(b)(4)(ii)(A) and (B) of the Act. The Union argued that Article XXII was a lawful work preservation provision. The Court found reasonable cause to believe the Union was violating the Act and that a preliminary injunction was just and proper to prevent further statutory violations and maintain public interest. Consequently, the preliminary injunction was granted, enjoining the Union from enforcing Article XXII.

Labor LawPreliminary InjunctionUnfair Labor PracticeNational Labor Relations ActUnion Signatory AgreementWork PreservationCollective Bargaining AgreementSubcontractingArbitrationDistrict Court
References
11
Case No. MISSING
Regular Panel Decision

U. S. Pillow Corp. v. McLeod

The U. S. Pillow Corporation (plaintiff) initiated legal action to prevent the Regional Director of the National Labor Relations Board (NLRB) from conducting a representation election involving its employees, as petitioned by Local 140. Although the election proceeded, the ballots were impounded. The court considered three motions: Local 140's request for intervention, U. S. Pillow's plea for an injunction to continue ballot impoundment, and the Regional Director's cross-motion to dismiss the complaint. The court granted Local 140's intervention. The core of U. S. Pillow's argument centered on alleged violations of its constitutional rights and administrative due process by the NLRB's decision to permit a single-employer unit election despite existing multi-employer agreements. The court, however, deemed the plaintiff's constitutional claims to be "transparently frivolous" and found no merit in any of its contentions. Consequently, the defendant's motion to dismiss the complaint was granted, and the plaintiff's request for an injunction pendente lite was denied.

Labor RelationsNLRBRepresentation ElectionJudicial ReviewInjunctionCollective BargainingMulti-employer UnitConstitutional RightsDue ProcessFirst Amendment
References
17
Case No. MISSING
Regular Panel Decision

Blyer v. Pratt Towers, Inc.

The Regional Director of the National Labor Relations Board (NLRB) filed a petition for a temporary injunction against Pratt Towers, Inc. The Regional Director sought immediate interim reinstatement for employees refused re-employment after a strike and required Pratt to bargain in good faith with Local 32B-32J, Service Employees International Union. Pratt had denied reinstatement, citing an illegal strike and employee misconduct. The court found reasonable cause to believe Pratt committed unfair labor practices by refusing to reinstate employees and by bargaining in bad faith. The court concluded that injunctive relief was just and proper to restore the status quo and prevent further erosion of the Union's effectiveness. The petition for injunctive relief was granted, ordering Pratt to reinstate employees, bargain with the Union, and post the order.

Collective BargainingUnfair Labor PracticeInjunctive ReliefStrike MisconductReinstatementGood Faith BargainingLabor DisputeNational Labor Relations ActUnion DecertificationTemporary Injunction
References
34
Case No. MISSING
Regular Panel Decision

Region v. W. J. Woodward Construction, Inc.

This case concerns an appeal regarding the electrocution death of a construction worker and the application of Labor Law § 240. The decedent, Grover J. Region, an ironworker employed by McBrearity's Metal Building Erectors, was fatally injured on November 18, 1982, when a crane cable he was helping to operate came into contact with high tension electric lines at a construction site in Ulster County. The plaintiff, administratrix of the decedent's estate, filed a lawsuit against property owner William J. Woodward and contractor W. J. Woodward Construction, Inc., among others, alleging a violation of Labor Law § 240 (1) due to the failure to provide proper safety measures for crane operation near electrical hazards. The Supreme Court granted plaintiff's motion for partial summary judgment on the issue of liability against Woodward and Woodward Construction, who subsequently appealed this decision. The appellate court affirmed the lower court's ruling, finding that the defendants had violated Labor Law § 240 (1) by failing to implement necessary safety precautions for the crane, which was being used as a hoist, thereby incurring absolute liability for the injuries proximately caused.

ElectrocutionConstruction AccidentCrane OperationLabor Law § 240Absolute LiabilityWorker SafetySummary JudgmentAppellate ReviewContractor LiabilityOwner Liability
References
9
Case No. MISSING
Regular Panel Decision
Jul 02, 2010

Blyer v. ONE STOP KOSHER SUPERMARKET, INC.

Alvin Blyer, Regional Director of NLRB Region 29, petitioned the District Court for interim relief against One Stop Kosher Supermarket, Inc. under 29 U.S.C. § 160(j). The Director sought an order compelling One Stop to bargain with Local 338, Retail, Wholesale and Department Store Union, after One Stop failed to honor a recognition agreement. The administrative law judge (ALJ) found the recognition agreement binding. The District Court granted the petition, finding reasonable cause for unfair labor practices and irreparable harm to the Union's collective bargaining rights, ordering One Stop to provide information and bargain, but stipulating that any agreement not be implemented until the NLRB's final decision.

National Labor Relations BoardUnfair Labor PracticesInterim InjunctionCollective BargainingUnion RecognitionLabor LawDistrict CourtSection 10(j)Employer-Union RelationsMandatary Injunction
References
14
Case No. MISSING
Regular Panel Decision

McLeod v. Local 459, International Union of Electrical Workers

The Regional Director of the Second Region of the National Labor Relations Board sought an injunction against Local 459, International Union of Electrical Workers, AFL-CIO. The petitioner alleged that the Union's picketing constituted unfair labor practices, specifically a secondary boycott, under Section 8(b)(4)(i)(ii)(B) of the National Labor Relations Act. The dispute arose from the Union's picketing of Metropolitan Life Insurance Company's premises, where Honeywell, the primary employer, had employees maintaining computers. Despite Metropolitan establishing reserved gates for neutral employers, the Union continued picketing, preventing deliveries by other companies like Mallon and Jackson. Applying the criteria from General Electric and Carrier Corporation, the Court found reasonable cause to believe a secondary boycott was occurring as the reserved gates were used only by neutral employees whose duties were unrelated to Honeywell's normal operations. Consequently, the Court granted the injunction, restraining the Union from picketing the reserved loading platforms.

Labor LawSecondary BoycottInjunctionNational Labor Relations ActUnfair Labor PracticeCommon Situs PicketingReserved Gate DoctrineLabor DisputeUnion ActivitiesNLRB
References
6
Case No. MISSING
Regular Panel Decision

Western Regional Off-Track Betting Corp. v. Service Employees International Union

Plaintiff Western Regional Off-Track Betting Corporation (OTB) moved for summary judgment, seeking to define its job security obligations, declare defendant's interference with 'interface' illegal, and obtain a permanent injunction. Defendant Service Employees International Union, AFL-CIO, Local 235 (Local 235) cross-moved for summary judgment, requesting dismissal of the complaint and an order compelling OTB to negotiate a job security agreement. The central issue revolved around whether the Off-Track Pari-Mutuel Betting Law allowed OTB to unilaterally establish job security provisions or mandated bilateral negotiation with the union. The court concluded that legislative intent and regulations (9 NYCRR 5203.5) required bilaterally negotiated agreements. Consequently, the court denied OTB's motion and granted Local 235's cross-motion, ordering OTB to negotiate a job security agreement.

Job SecurityOff-Track Betting LawPari-Mutuel BettingCollective BargainingSummary JudgmentUnion RightsStatutory InterpretationRacing and Wagering BoardLabor DisputeNegotiated Agreements
References
11
Case No. MISSING
Regular Panel Decision

New York State Employment Relations Board v. Christ the King Regional High School

The New York State Employment Relations Board initiated a proceeding to enforce its order against Christ the King Regional High School, which mandated good-faith bargaining with the Lay Faculty Association and reinstatement of teachers. The School challenged this order on First Amendment grounds, specifically citing the Free Exercise and Establishment Clauses, arguing for an absolute exemption from the New York State Labor Relations Act. The Supreme Court and Appellate Division ruled in favor of the Board. The Court of Appeals affirmed these decisions, concluding that the Act, being a neutral and generally applicable regulatory measure, did not violate the First Amendment rights of the religious school in its labor relations with lay faculty. The court also upheld the reinstatement of teacher Gaglione, finding insufficient evidence of religious entanglement to preclude it.

First AmendmentFree Exercise ClauseEstablishment ClauseLabor LawCollective BargainingReligious SchoolsLay Faculty RightsEmployment DisputesJudicial ReviewAdministrative Order Enforcement
References
19
Case No. MISSING
Regular Panel Decision

Doodnath v. Morgan Contracting Corp.

Plaintiff, a truck driver for subcontractor Regional, was injured while stacking materials in Regional's truck, slipping on a wet plank. Property owner Cornell and general contractor Morgan were granted summary judgment, dismissing plaintiff's Labor Law §§ 200 and 241 (6) claims and cross claims against them. The court determined that Regional, not Cornell or Morgan, controlled the work activity, and Cornell and Morgan lacked timely notice of the specific hazard. Plaintiff's Labor Law § 241 (6) claim based on Industrial Code § 23-1.7 (d) was also rejected because he slipped on a stacked plank, not a work surface. Claims for contractual indemnification against Regional and AWR Group were deemed moot.

Truck DriverWorkplace InjurySidewalk BridgeSummary JudgmentLabor LawIndustrial CodeConstruction AccidentPersonal InjuryNegligenceContractual Indemnification
References
7
Case No. 2018 NY Slip Op 04998 [163 AD3d 1110]
Regular Panel Decision
Jul 05, 2018

Matter of Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, AFL-CIO v. Olympic Regional Dev. Auth.

This case addresses whether seasonal employees who are laid off and subsequently rehired retain their original collective bargaining unit affiliation under Public Authorities Law § 2629 (2) (a). The Civil Service Employees Association (CSEA) challenged Olympic Regional Development Authority's (Olympic) decision to place rehired seasonal employees into Olympic's bargaining unit, arguing layoffs are not terminations. The Supreme Court initially sided with CSEA, annulling Olympic's determination. However, the Appellate Division, Third Department, reversed this decision. The Appellate Division held that the phrase 'terminated or otherwise ceases, by any means' in the statute includes layoffs, thus meaning rehired seasonal employees are not entitled to return to their former negotiating unit. The court emphasized that interpreting 'by any means' as petitioner urged would render the phrase superfluous.

Public Authorities LawCollective Bargaining UnitLayoffRehireStatutory InterpretationCivil Service EmployeesSeasonal EmployeesBelleayre Mountain Ski CenterOlympic Regional Development AuthorityEmployment Termination
References
18
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