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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

New York State Correctional Officer & Police Benevolent Ass'n v. New York State Department of Correctional Services

Elsie Pierre, a correction officer, sustained a work-related injury in May 2004, leading to workers’ compensation leave. Respondent Department of Correctional Services initiated termination proceedings, but a medical evaluation by respondent's designated physician on September 15, 2005, found her unfit for duty. Pierre's physician, Sanford Wert, later cleared her for work on June 12, 2006, a finding supported by a Hearing Officer who recommended reinstatement with retroactive pay. Respondent, however, rejected the full retroactive award, granting pay only from October 12, 2007, arguing that Pierre had not properly exhausted administrative remedies for the earlier date and that an independent evaluation was lacking. Petitioners challenged this limited retroactive pay, but the Court confirmed the respondent's determination, dismissing the petition and upholding the October 12, 2007, start date for back pay.

Workers' Compensation LeaveRetroactive Back PayCivil Service LawAdministrative ReviewFitness for DutyMedical Evaluation DisputeCorrection Officer EmploymentCPLR Article 78 ProceedingJudicial DiscretionAppellate Court Decision
References
1
Case No. MISSING
Regular Panel Decision

Cott Corp. v. Levinger

In this appeal, Cott Corporation sought to vacate an arbitration award that granted back pay to a former employee, Lindberg Hall, who was discharged for falsifying time cards. The initial judgment by the Supreme Court, Westchester County, modified the arbitration award by deleting the back pay portion, siding with Cott's argument that the arbitrator exceeded his authority. However, the appellate court reversed this judgment, finding that the arbitrator's decision that Hall was 'not guilty' of dishonesty, as defined by the collective bargaining agreement, justified the award of back pay. The appellate court concluded that the arbitration award was proper and reinstated it, denying Cott's application to vacate the award.

Arbitration AwardVacate JudgmentBack PayCollective Bargaining AgreementEmployee DischargeTime Card FalsificationDishonesty ClauseReinstatement DeniedAppellate ReversalArbitrator Authority
References
1
Case No. MISSING
Regular Panel Decision

Hotel, Motel & Restaurant Employees & Bartenders Union, Local 471 v. P. & J.G. Enterprises, Inc.

The Hotel, Motel & Restaurant Employees & Bartenders Union, Local 471, AFL-CIO, petitioned the court to confirm two arbitration awards against P. & J.G. Enterprises, Inc. d/b/a The Albany Thruway House. The dispute arose from the employer's discharge of two employees, Ann Russo and Mary O’Brien, who were members of the Union's collective bargaining unit. The first arbitration award, dated June 15, 1988, found the discharges were not for just cause and ordered reinstatement with back wages. Following the employer's failure to pay back wages despite reinstatement, a second arbitration award, dated September 14, 1989, quantified the back wages for the two employees. The employer contested the confirmation, citing lack of evidentiary support for the arbitrator's decision, alleged partiality of the arbitrator, and financial inability to pay the awards. The court, applying a limited scope of review for arbitration awards, rejected all of the employer's arguments. Ultimately, the court confirmed both arbitration awards and ordered the employer to pay the back wages, along with costs and reasonable attorney's fees to the Union, finding the employer's refusal to comply unjustified.

Arbitration awardLabor Management Relations ActCollective bargaining agreementBack wagesEmployee dischargeJust causeAttorney's feesJudicial reviewArbitrator partialityFinancial inability
References
18
Case No. 267 AD2d 668
Regular Panel Decision
Mar 17, 1999

In re the Arbitration between Civil Service Employees Ass'n & State

This case involves an appeal from a judgment of the Supreme Court concerning two proceedings. Proceeding No. 1, initiated by Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO (CSEA) on behalf of Garmon Carnibucci, sought to confirm an arbitration award regarding the restoration of sick leave accruals for Carnibucci, who was terminated by the Division For Youth (DFY) under Civil Service Law § 71. Proceeding No. 2, commenced by Carnibucci, sought to hold DFY in contempt for allegedly failing to comply with a prior judgment mandating back pay and benefits. The Supreme Court confirmed the arbitration award and found no contempt, prompting an appeal from the petitioners. The Appellate Division dismissed the appeal in proceeding No. 1, determining that CSEA was not an aggrieved party since the relief it sought (confirmation of the award) was granted. In proceeding No. 2, the court affirmed the Supreme Court's judgment, finding no error in the appointment of a Referee to assess back pay calculations and concluding that DFY was not in contempt due to the lack of specificity in the prior judgment regarding the computation of back pay.

arbitration awardback pay disputesick leave accrualscontempt proceedingCPLR Article 75CPLR Article 78Civil Service Lawpublic employmentworkers' compensation boardjudicial review
References
7
Case No. MISSING
Regular Panel Decision

Washington Heights—West Harlem—Inwood Mental Health Council, Inc. v. District 1199, National Union of Hospital & Health Care Employees, RWDSU

This District Court opinion addresses motions by the Washington Heights Mental Health Council to amend its complaint and by District 1199 to enforce an arbitration award. Previously, the court vacated an award reinstating Edward Lane with back pay, but the Second Circuit reversed and remanded. The court now finds an oral collective bargaining agreement existed, generally requiring enforcement of the arbitration award. However, new serious allegations against Lane, if proven, could justify discharge. A strong public policy against reinstating a mental health worker accused of sexually molesting patients warrants staying his reinstatement pending arbitration of these new claims. Despite this, the court orders the Council to comply with the back pay portion of the arbitration award, finding no public policy violation in that aspect.

Arbitration Award EnforcementCollective Bargaining AgreementBack PayReinstatement StayedSexual Misconduct AllegationsPublic Policy ExceptionLabor DisputeAmended ComplaintFederal Rules of Civil ProcedureRemand Order
References
11
Case No. MISSING
Regular Panel Decision

C&D TECHNOLOGIES, INC. v. International Ass'n of Heat and Frost Insulators & Asbestos Workers

This case involves cross-motions to vacate and confirm a labor arbitration award. Plaintiff C & D Technologies sought to set aside an award where Arbitrator Sheila Cole found the company violated its collective bargaining agreement by changing the "six week average" pay calculation. Defendant Local sought to confirm the award. The District Court, presided over by Judge McMahon, reviewed whether the arbitrator exceeded her powers under the Federal Arbitration Act, Section 10(a)(4). The court found that the arbitrator did not exceed her powers, properly interpreted the ambiguous contract language, and her decision was rational. Consequently, the court denied the motion to set aside, granted the cross-motion to confirm the arbitration award, and dismissed the petition.

ArbitrationCollective Bargaining AgreementLabor DisputeFederal Arbitration ActContract InterpretationManifest Disregard for LawVacaturConfirmation of AwardSix Week Average PayWage Calculation
References
7
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Wagner & Russeks Fifth Avenue, Inc.

The court denied a motion to confirm an arbitration award due to improper acknowledgment under Civil Practice Act § 1460. The respondent's cross-motion to vacate the award was granted. While arguments regarding exhausted arbitrator powers and excessive damages were rejected, the court found the arbitrator guilty of "misbehavior" under Civil Practice Act § 1462(3) due to an unreasonable delay in rendering the decision. This delay, from March 3 to August 20, 1948, prejudiced the employer by awarding substantial back pay to a rightfully discharged employee for a period largely covered by the arbitrator's inaction. The matter was remitted to the arbitrator for a rehearing to reassess back pay, which should not extend beyond the date a prompt decision was due.

ArbitrationAward ConfirmationAward VacaturCivil Practice ActArbitrator MisconductUndue DelayLabor AgreementBack PayDeed AcknowledgmentReal Property Law
References
3
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Great Atlantic & Pacific Tea Co. & Local 484, American Bakery & Confectionery Workers

This case involves a petitioner's motion to vacate an arbitration award and an employer's cross-motion to confirm it. The core dispute concerns an employee's entitlement to pay for a day missed due to illness during a holiday week in 1959. The employee worked for a short period on Labor Day, was then excused due to illness, and remained ill the following Tuesday. The employer paid for the holiday and other workdays but not for Tuesday, arguing that existing benefits provided a maximum of a normal week's pay. The petitioner contended that the arbitrator exceeded his authority by modifying the contract. However, the court ruled that the arbitrator acted within his powers by interpreting the collective bargaining agreement. Consequently, the motion to vacate the award was denied, and the cross-motion to confirm the award was granted.

ArbitrationCollective Bargaining AgreementHoliday PaySick PayContract InterpretationJudicial ReviewLabor DisputeEmployment LawMotion to VacateMotion to Confirm
References
3
Case No. MISSING
Regular Panel Decision
Aug 07, 1984

Murtaugh v. Bankers Trust Co.

In November 1978, claimant Murtaugh filed a discrimination claim against Bankers Trust Company of Albany, N. A. following her 1977 dismissal, citing Workers’ Compensation Law § 241. The Workers’ Compensation Board affirmed a discrimination finding, which was subsequently upheld by the Appellate Division. An administrative law judge directed Murtaugh's reinstatement and awarded back wages from January 1, 1978, to October 19, 1982, with an offset for unemployment benefits. The Bank appealed this decision, contending the back pay award was unauthorized under Workers’ Compensation Law § 120, arguing Murtaugh failed to accept reemployment or mitigate damages. The court found substantial evidence that no bona fide reemployment offer was made and that the issue of mitigation of damages was not properly raised. Consequently, the court affirmed the Board's decision, upholding Murtaugh's entitlement to back pay.

Workers' Compensation LawDiscriminationBack Pay AwardReinstatementMitigation of DamagesUnemployment BenefitsOffer of ReemploymentAppellate DivisionNew York LawEmployer Liability
References
4
Case No. MISSING
Regular Panel Decision

Aftor v. Geico Insurance

A petitioner, injured as a minor in an accident with an uninsured vehicle, sought arbitration with Geico Insurance Company under a supplementary uninsured/underinsured motorist (SUM) endorsement after securing a default judgment of $25,000 against the uninsured parties. The arbitrator awarded the petitioner $10,000. The petitioner then sought to vacate the arbitration award in Supreme Court, Kings County, arguing that Geico was obligated to pay the full $25,000 civil judgment. The Supreme Court granted the petition and vacated the award. On appeal, the higher court reversed the Supreme Court's order, denying the petition, and reinstating and confirming the $10,000 arbitration award, emphasizing the limited judicial review of arbitration awards unless specific grounds for vacatur (such as violating public policy or exceeding power) are met.

Arbitration LawInsurance LawUninsured MotoristSUM CoverageJudicial ReviewArbitration Award VacaturAppellate PracticeCivil ProcedureContract InterpretationBodily Injury Claim
References
5
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