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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

Sheet Metal Division of Capitol District Sheet Metal, Roofing & Air Conditioning Contractors Ass'n v. Local Union 38 of the Sheet Metal Workers International Ass'n

The plaintiffs, a coalition of sheet metal contractor associations, filed a lawsuit against Local Union 38 and a related employer association, alleging violations of federal and state antitrust and labor laws. The core of the dispute was a collective bargaining agreement provision mandating that all sheet metal fabrication be performed within Local 38's geographical jurisdiction, which plaintiffs argued constituted an illegal trade barrier. Defendants countered that the provision was a lawful work preservation clause, protected under labor law exemptions. The court ultimately ruled that the challenged clause was neither a valid work preservation measure nor exempt from antitrust scrutiny. Consequently, the court granted the plaintiffs' motion for a declaratory judgment, declaring the provision void and unenforceable due to its violation of both the National Labor Relations Act and the Sherman Antitrust Act.

AntitrustLabor LawCollective Bargaining AgreementWork Preservation ClauseSherman ActNLRADeclaratory JudgmentTrade BarrierGeographic JurisdictionSecondary Boycott
References
31
Case No. 97 Civ. 6399
Regular Panel Decision

Sheet Metal Contract. Ass'n of Northern New Jersey v. Sheet Metal Workers'intern. Ass'n

The Sheet Metal Contractors Association (SMCA) sought to enjoin the reaffiliation of Local 22 and the Sheet Metal Workers’ International Association (SMWIA), alleging racial discrimination and fraudulent inducement, citing violations of federal and New Jersey law. This action is linked to prior court orders in the EEOC litigation (E.E.O.C. v. Local 638) that found unions, including Local 25 (a non-party to this case but involved in EEOC), engaged in discrimination and mandated remedial actions. SMCA contends the proposed reaffiliation would economically disadvantage Local 25 due to differing minority compositions and wage structures, thereby undermining compliance with existing anti-discrimination orders. Despite a special master's prior order barring reaffiliation, the defendants proceeded. The court ordered consolidation of this case with the EEOC litigation, finding common questions of law and fact, and declared the reaffiliation agreement invalid until a ruling on SMCA's preliminary injunctive relief motion.

Racial DiscriminationUnion ReaffiliationInjunctive ReliefConsolidation of ActionsCollective Bargaining AgreementSpecial Master FindingsAll Writs ActFederal Rules of Civil ProcedureCourt Orders ComplianceEconomic Disadvantage
References
15
Case No. MISSING
Regular Panel Decision

Pasqualini v. Sheet Metal Workers' National Pension Fund

This case involves principals of Zodiac Industries, Inc. (Carl, Ann, Frank Pasqualini, and Sarah Lido) who sued the Sheet Metal Workers’ National Pension Fund, the International, and Local 38 over pension service credits. The plaintiffs sought fifteen years of past service credit, which they claimed was promised to them to induce Zodiac to sign a collective bargaining agreement (CBA). The Fund denied these credits, citing plan rules. The Court, however, found that 'extraordinary circumstances' warranted applying the principle of estoppel against the Fund. The court ruled in favor of the four owner-members, declaring them entitled to fifteen years of past service credit and ordering the Fund to reconsider their pension applications. Claims brought by other employees and against the Sheet Metal Workers’ International Association and Local 38 were dismissed.

ERISAPension BenefitsPast Service CreditEstoppelCollective Bargaining AgreementUnion OrganizingContract EnforcementEmployee Benefit PlanFiduciary DutyDistrict Court
References
12
Case No. 2022 NY Slip Op 05677
Regular Panel Decision
Oct 12, 2022

Board of Trustees v. Allure Metal Works, Inc.

The plaintiff, Board of Trustees, Sheet Metal Workers' National Pension Fund, sought to enforce a money judgment against the defendant, Allure Metal Works, Inc. The plaintiff had previously obtained a consent judgment against a nonparty, All Around Spiral, Inc., for pension fund withdrawal liability under ERISA. The current action alleges that Allure is an alter ego or successor to All Around Spiral. The Supreme Court denied Allure's motion to dismiss the first and second causes of action. The Appellate Division affirmed the lower court's decision, finding that the complaint sufficiently alleged alter ego and successor liability, citing common officers, shared business premises, equipment, employees, and similar operations, as well as potential de facto merger or fraudulent intent to avoid obligations.

Multiemployer Pension FundERISAAlter Ego LiabilitySuccessor LiabilityMoney Judgment EnforcementCorporate Veil PiercingMotion to DismissAppellate ReviewDe Facto MergerWithdrawal Liability
References
22
Case No. MISSING
Regular Panel Decision
Sep 26, 2006

Velasquez-Spillers v. Infinity Broadcasting Corp.

The Supreme Court, New York County, issued an order on September 26, 2006, presided over by Justice Leland DeGrasse. This order granted defendant Infinity Broadcasting Corporation’s motion to dismiss intentional tort claims and plaintiff Brian Spillers’ cause of action for loss of services. Upon appeal, the court modified the order to reclassify the dismissal of an employment discrimination claim as a dismissal of a negligent hiring claim, otherwise affirming the original decision. The court found that allegations of Infinity’s vicarious liability for its supervisor Macchiaroli’s intentional torts were conclusory and outside the scope of employment, thus subjecting the claims to Workers’ Compensation Law. Furthermore, the complaint lacked evidence of Infinity's knowledge or acquiescence in Macchiaroli’s conduct, leading to the proper dismissal of related claims.

Intentional TortVicarious LiabilityEmployment DiscriminationNegligent HiringLoss of ServicesWorkers' Compensation Law ExclusivityScope of EmploymentMotion to DismissAppellate ReviewOrder Modification
References
4
Case No. 2021 NY Slip Op 06975
Regular Panel Decision
Dec 14, 2021

WDF Inc. v. Vamco Sheet Metals, Inc.

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County, which granted plaintiff WDF Inc.'s motion for partial summary judgment on its breach of contract claim against Vamco Sheet Metals, Inc. WDF Inc. successfully demonstrated that Vamco Sheet Metals, Inc. breached their subcontract by failing to provide sufficient workers for the project. The court found Vamco Sheet Metals, Inc.'s arguments unavailing. Fidelity and Deposit Company Maryland was involved as a third-party defendant in the proceedings.

Breach of ContractSummary JudgmentSubcontract DisputeAppellate ReviewFailure to PerformJudicial AffirmationContract LawThird-Party ActionConstruction LawNew York Law
References
4
Case No. 2018 NY Slip Op 06847 [165 AD3d 1377]
Regular Panel Decision
Oct 11, 2018

Matter of Duncan v. Crucible Metals

Linda Duncan, widow of William Duncan, applied for workers' compensation death benefits after her husband's death from lung cancer, allegedly due to occupational asbestos exposure while employed by Crucible Metals. New Hampshire Insurance Company, a carrier, failed to appear at hearings and was deemed liable, incurring a penalty. New Hampshire Insurance challenged its liability and the penalty, claiming it covered Crucible Industries, Inc., not Crucible Metals, and its non-appearance was inadvertent. The Workers' Compensation Board denied their application for review as untimely. New Hampshire Insurance's subsequent application for reconsideration and/or full Board review was also denied, leading to this appeal. The Appellate Division affirmed the Board's denial, limiting its inquiry to whether the Board's decision was arbitrary and capricious or an abuse of discretion, finding no such issues.

Workers' CompensationDeath BenefitsOccupational ExposureAsbestosLung CancerTimeliness of AppealReconsiderationBoard ReviewAbuse of DiscretionArbitrary and Capricious
References
6
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Burnished Metal Corp. & Kamen

Petitioner Burnished Metal Corporation (BMC) sought to stay arbitration with the International Brotherhood of Electrical Workers, Local Union No. 1968, regarding an alleged $2,020.95 delinquency in pension and welfare fund contributions. Special Term granted BMC's application, ruling that conditions precedent to arbitration, specifically consultations between BMC, the shop steward, and the union representative, had not been fulfilled as required by their collective bargaining agreement. The union cross-moved to compel arbitration, which was denied. The appellate court affirmed Special Term's order, emphasizing the mandatory nature of the preliminary consultation steps before resorting to arbitration, finding they were not merely procedural stipulations but unfulfilled prerequisites.

Arbitration StayCollective Bargaining AgreementGrievance ProcedureConditions PrecedentDelinquent ContributionsPension FundWelfare FundUnion DisputeEmployer-Union RelationsContract Interpretation
References
2
Case No. MISSING
Regular Panel Decision

In Re Puma & Sheet Metal Workers'intern. Ass'n

The petitioner, Thomas C. Puma, an owner-member of the Sheet Metal Workers’ International Association, Local Union # 137, sought a preliminary injunction to prevent his ouster from the Union. Puma attempted to change his membership status to 'financial core member' but the Union denied this and treated it as a voluntary withdrawal. After the NLRB declined to issue a complaint, Puma filed a petition in district court. The Union moved to dismiss for lack of subject matter jurisdiction and failure to state a claim, arguing Puma was not protected by LMRDA, failed to exhaust internal remedies, and his claims were preempted by the NLRA. The court denied the Union's motion to dismiss, finding jurisdiction under LMRDA and rejecting the preemption and exhaustion arguments. However, the court also denied Puma's motion for a preliminary injunction, citing a lack of demonstrated irreparable harm or likelihood of success on the merits.

LMRDAUnion MembershipPreliminary InjunctionOwner-Member RightsFinancial Core MemberUnion ExpulsionDue ProcessLabor LawJurisdictionNLRA Preemption
References
10
Case No. 2017 NY Slip Op 09217
Regular Panel Decision
Dec 28, 2017

Matter of Szokalski v. A-Val Architectural Metal Corp.

Claimant Roman Szokalski, a construction worker for A-Val Architectural Metal Corporation, filed a workers' compensation claim for a repetitive stress injury to his back and bilateral carpal tunnel syndrome. A Workers' Compensation Law Judge (WCLJ) established the claim and identified Arch Insurance Company as the responsible carrier. Arch's subsequent application to the Workers' Compensation Board for review or a rehearing was denied due to its untimeliness and failure to provide an excuse for not appearing at prior hearings. Arch appealed this denial. The Appellate Division, Third Department, affirmed the Board's decision, finding no abuse of discretion in refusing to consider the untimely review request or grant a rehearing.

Workers' CompensationRepetitive Stress InjuryCarpal Tunnel SyndromeUntimely ApplicationRehearing DenialWorkers' Compensation Board ReviewAppellate DivisionInsurance Carrier LiabilityFailure to AppearJudicial Discretion
References
6
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