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

Case No. 89 Civ. 1655 (LLS)
Regular Panel Decision
Aug 10, 1990

Fenderson v. INDEP. FED. OF FLIGHT ATTENDANTS

Plaintiffs, a group of flight attendants including new hires and crossovers, filed a motion for partial summary judgment against the Independent Federation of Flight Attendants (IFFA), its officers, and Trans World Airlines (TWA). They alleged that amendments to IFFA's Constitution and Bylaws, specifically a one-year 'education and orientation period' and a $250 initiation/reinstatement fee, violated Section 2, Eleventh (a) of the Railway Labor Act by imposing conditions on membership not generally applicable to all members. The court granted summary judgment in favor of the plaintiffs regarding the one-year education and orientation period, finding it violated the RLA's requirement that membership be available on the same terms to all dues-paying employees. However, the court denied summary judgment concerning the $250 fee, concluding that it was uniformly applied and fell within the RLA's definition of permissible 'initiation fees' and 'reinstatement fees'.

Railway Labor ActUnion Security ClauseFlight AttendantsUnion Membership RightsInitiation FeesReinstatement FeesSummary JudgmentCollective Bargaining AgreementDiscriminationVoting Rights
References
9
Case No. MISSING
Regular Panel Decision
Jan 02, 1990

Abuso v. Mack Trucks, Inc.

Scott P. Abuso, an employee of Tee’s Recycling (a business formed by Mr. T Carting), was injured when he fell from and was hit by a garbage truck owned by Thomas Toscano, a partner in Mr. T Carting. After accepting Workers’ Compensation benefits through Tee’s Recycling, Abuso commenced an action against Joseph Russo (the truck driver and employee of Mr. T Carting) and the Toscano partners (doing business as Mr. T Carting) to recover damages. The defendants moved for summary judgment, arguing that the exclusive remedy provision of Workers’ Compensation Law § 29 (6) precluded recovery. The Supreme Court granted their motion, finding a special employment relationship existed between Abuso and Mr. T Carting. The appellate court affirmed the decision, agreeing that the evidence strongly supported the existence of a special employment relationship, making it a matter of law.

Personal InjurySummary JudgmentSpecial Employment RelationshipExclusive Remedy ProvisionAppellate ReviewGarbage Truck AccidentPartnership LiabilityEmployer ImmunityTort LawJudicial Affirmation
References
6
Case No. MISSING
Regular Panel Decision

Independent Union of Flight Attendants v. Pan American World Airways, Inc.

The Independent Union of Flight Attendants (IUFA) filed an action against Pan American World Airways, Inc. (Pan Am) under the Railway Labor Act, seeking a preliminary injunction to enforce an April 1, 1985 agreement or, alternatively, to maintain the status quo. A key dispute arose over 'Item 7' of the agreement, regarding pending lawsuits and grievances, with the union claiming its exclusion and Pan Am insisting on its inclusion. The National Mediation Board (NMB) is currently reviewing this interpretive dispute. The court denied the preliminary injunction, reasoning that Pan Am was legally entitled to engage in self-help after exhausting statutory procedures, and that the union failed to demonstrate irreparable harm. The balance of hardships was found to favor Pan Am, and the action was stayed pending the NMB's definitive ruling.

Railway Labor ActPreliminary InjunctionCollective Bargaining AgreementSelf-HelpStatus QuoNational Mediation BoardIrreparable HarmBalance of HardshipsLabor DisputeUnion Rights
References
9
Case No. MISSING
Regular Panel Decision
May 08, 2007

Canal Carting, Inc. v. City of New York Business Integrity Commission

Petitioners Canal Carting, Inc. and Canal Sanitation, Inc., long-standing private sanitation businesses, challenged the Business Integrity Commission's (BIC) denial of their license renewals. The BIC cited Canal's knowing failure to provide required documentation, inability to demonstrate eligibility, and two violations for illegal dumping and operating an illegal transfer station. Canal argued the findings were arbitrary, capricious, and unprecedented, insisting their financial issues were unrelated to organized crime, which Local Law 42 (governing BIC) aimed to combat. The court found no due process violation regarding a formal hearing but concluded that the BIC's denial, effectively closing Canal's 50-year business for what amounted to poor business management, was arbitrary, unduly harsh, and shocking to one's sense of fairness. Consequently, the court granted the petition, annulled the BIC's denial, and remanded the case for reconsideration.

License RenewalAdministrative LawArticle 78 ProceedingBusiness Integrity CommissionTrade Waste IndustryDue ProcessArbitrary and CapriciousJudicial ReviewLocal Law 42Financial Responsibility
References
6
Case No. MISSING
Regular Panel Decision
Mar 07, 2008

Prost v. Association of Flight Attendants

Plaintiffs, U.S. Airways flight attendants, sued the Association of Flight Attendants (AFA) and its President, Patricia A. Friend. They alleged that defendants misrepresented MidAtlantic Airways' corporate structure as a separate entity rather than a division of U.S. Airways, to deny them employment rights under their collective bargaining agreement (CBA). Plaintiffs claimed breach of fair representation under the Railway Labor Act and violations of the Racketeer Influenced and Corrupt Organization Act (RICO). The defendants moved to dismiss the complaint, arguing that the fair representation claims were time-barred and the RICO claim lacked sufficient pleading for "enterprise." The court granted the motion, dismissing the fair representation claims as time-barred (accruing in December 2002 or at latest early 2005) and the RICO claim due to a deficient pleading of the "enterprise" element.

Duty of fair representationRailway Labor ActRICOCollective bargaining agreementStatute of limitationsMotion to dismissAssociation-in-factLabor unionFlight attendantsCorporate structure
References
32
Case No. MISSING
Regular Panel Decision

Fenderson v. Independent Federation of Flight Attendants

Plaintiffs, Gregory Fenderson, James Summers, and Carmelo Torre, are flight attendants for Trans World Airlines (TWA) and moved for partial summary judgment against TWA and the Independent Federation of Flight Attendants (IFFA). They alleged violations of section 2, Eleventh (a) of the Railway Labor Act (RLA) concerning IFFA's union security clause. The plaintiffs challenged two amendments to the IFFA's Constitution and Bylaws: a twelve-month "education and orientation period" where new members couldn't vote, and a $250 initiation/readmission fee. The court granted summary judgment to the plaintiffs regarding the education and orientation period, finding it violated the RLA by not offering membership on the same terms and conditions to all. However, the court denied summary judgment concerning the $250 fee, concluding it was uniformly applied and encompassed by "initiation fees" as per the RLA.

Railway Labor ActUnion Security ClauseFlight AttendantsSummary JudgmentUnion Membership RightsInitiation FeesReinstatement FeesVoting RightsLabor OrganizationsCollective Bargaining
References
10
Case No. MISSING
Regular Panel Decision

Northwest Airlines Corp. v. Ass'n of Flight Attendants-CWA (In Re Northwest Airlines Corp.)

The case involves Northwest Airlines Corporation (Debtors) in Chapter 11 bankruptcy seeking to reject a collective bargaining agreement with its flight attendants, represented by the Association of Flight Attendants-CWA (AFA). Following court authorization for rejection and the failure of two tentative agreements to be ratified by the union membership, the Debtors unilaterally implemented new terms and conditions of employment. In response, AFA threatened strike activity, prompting the Debtors to seek a preliminary injunction to prevent the strike. AFA also moved for an order requiring the Debtors to implement the terms of a more recent, but unratified, agreement. The Court denied the Debtors' motion for a preliminary injunction, citing the Norris-La Guardia Act's anti-injunction provisions and finding that the RLA did not provide a basis to enjoin the strike under these circumstances, especially after the Debtors changed the status quo. The Court also denied AFA's motion to substitute the terms of the later agreement, stating that AFA had not shown sufficient cause and that rewarding a threatened 'CHAOS' strategy would be bad policy.

BankruptcyCollective Bargaining AgreementLabor DisputeRailway Labor Act (RLA)Norris-La Guardia Act (NLGA)Preliminary InjunctionStrike ActivityUnion RepresentationChapter 11Flight Attendants
References
34
Case No. MISSING
Regular Panel Decision
Dec 13, 1978

Claim of Cheryl v. State

An appeal was filed from a Workers' Compensation Board decision which reversed a Workers’ Compensation Law Judge’s decision. The Board found that a golf tournament was not employer-sponsored, attendance was voluntary, and employees used leave time. There was no employer control or financial contribution. Consequently, the Board concluded that the decedent's death did not arise out of and in the course of employment. The appellate court affirmed the Board's determination, finding substantial evidence to support its findings and no essential nexus between the golf tournament and the employer.

Workers' Compensation AppealCourse of EmploymentEmployer SponsorshipVoluntary ActivityRecreational ActivityGolf TournamentEmployer ControlNexusDeath ClaimBoard Decision Review
References
3
Case No. 2019 NY Slip Op 04978
Regular Panel Decision
Jun 19, 2019

Robles v. Taconic Mgt. Co., LLC

Edilberto Robles, a laborer, sustained head injuries from a closing freight elevator door and commenced an action alleging violations of Labor Law §§ 200 and 241 (6) and common-law negligence against multiple entities involved in the building's management, operation, and his employment. The Supreme Court granted several motions for summary judgment. On appeal and cross-appeal, the Appellate Division modified the order. It denied summary judgment to Taconic Management Company, LLC, Taconic Management Corp., 111 Chelsea, LLC, and Waldorf Carting Corporation on the Labor Law § 200 and common-law negligence claims, finding triable issues of fact regarding supervision and control and the alter ego defense. The court also denied summary judgment on indemnification claims against Collins Building Services, Inc., and Waldorf Carting Corporation. The dismissal of the Labor Law § 241 (6) claim against Taconic and Chelsea, and the dismissal of claims against Collins Building Services, Inc., and New York Elevator & Electrical Corporation were affirmed.

Personal injuryLabor Law § 200Labor Law § 241(6)Common-law negligenceSummary judgmentIndemnificationThird-party actionWorkers' Compensation LawAlter ego defensePremises liability
References
20
Case No. MISSING
Regular Panel Decision

Claim of Casucci v. Community Carting Co.

The case involves an appeal concerning a Workers' Compensation Board decision regarding death benefits for the decedent, husband of the claimant, who died from a coronary artery thrombosis. Initially, the Board denied benefits, but an appeal led to reversal and remittal for further evidence on the decedent's work activities, which included heavy lifting. Despite conflicting medical testimony, the Board found the decedent's work efforts contributed to his death, affirming an award of death benefits. Appellants challenged this finding, arguing a lack of evidence of strenuous effort on the death date. However, the court affirmed the Board's decision, holding that the Board could reasonably infer facts, and the medical conflict was a matter for the Board's resolution, supported by substantial evidence.

Workers' CompensationDeath BenefitsAccidental InjuryCourse of EmploymentCoronary Artery ThrombosisMyocardial InfarctionSubstantial EvidenceMedical TestimonyCausationScope of Employment
References
4
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