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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
Aug 19, 1981

Blyer v. New York Coat, Suit, Dress, Rainwear & Allied Workers' Union

The National Labor Relations Board sought a preliminary injunction against the New York Coat, Suit, Dress, Rainwear, and Allied Workers’ Union, International Ladies Garment Workers’ Union (ILG) for alleged unfair labor practices under NLRA Section 8(b)(4)(D), related to picketing for a jobber’s agreement. The court examined the applicability of the garment-industry proviso in NLRA Section 8(e) to the alleged work-assignment dispute. It found that the Board's theory was novel and lacked sufficient factual findings. Considering factors like the ILG's initial lawful picketing, the employer's non-innocent status, and the desire to preserve the status quo, the court denied the injunction, concluding it would be inequitable and improper.

Labor LawUnfair Labor PracticePreliminary InjunctionNLRAGarment Industry ProvisoWork Assignment DisputeJobber's AgreementPicketingSecondary BoycottGarment Union
References
6
Case No. MISSING
Regular Panel Decision

Danielson ex rel. National Labor Relations Board v. Dressmakers Joint Council, International Ladies Garment Workers Union

This case involves a petition for a temporary injunction filed by the acting Regional Director of the National Labor Relations Board (NLRB) against the Dressmakers Joint Council, International Ladies Garment Workers Union (ILGWU). The NLRB sought to enjoin the union from picketing Newport Miss, Inc. (Newport) following a complaint that the union was engaging in an unfair labor practice in violation of Section 8(b)(7)(C) of the National Labor Relations Act. The union argued that its picketing had lawful objectives, including protesting an employee discharge and informing the public about Newport's substandard wages, and denied any current organizing interest. The court found that the Regional Director had reasonable grounds to believe the union's picketing had an unlawful objective of compelling recognition or employee union membership, causing irreparable injury to Newport and its contractors. Consequently, the court granted the temporary injunction against the union's picketing for 60 days or until the NLRB determines the merits of the pending charge.

Labor LawUnfair Labor PracticeTemporary InjunctionPicketingNational Labor Relations ActUnion OrganizingSecondary BoycottNLRB EnforcementEmployer RightsLabor Dispute
References
11
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

Kaynard v. Transport Workers Union

The Regional Director of the National Labor Relations Board sought a temporary injunction against the Transport Workers Union of America (T.W.U.) and Local 504 for alleged unfair labor practices involving a proscribed strike against Triangle Maintenance Corporation due to a jurisdictional dispute. The dispute arose when Triangle, a new cleaning contractor at John F. Kennedy Airport, planned to replace existing T.W.U. represented cleaning workers with a new crew under a different union (32B, which later disclaimed the work). The T.W.U. encouraged a strike to retain jobs for its members. The court, presided over by District Judge Weinstein, denied the injunction, reasoning that the dispute was a traditional economic struggle to retain jobs, not a jurisdictional dispute as defined by section 8(b)(4)(D) of the National Labor Relations Act, especially since there was no conflict between rival unions claiming the same work at the time the picketing began.

Labor LawNational Labor Relations ActJurisdictional DisputeUnfair Labor PracticesTemporary InjunctionStrike ActionEconomic DisputeEmployer-Union RelationsCollective BargainingWork Assignment Dispute
References
20
Case No. MISSING
Regular Panel Decision
Apr 26, 1971

McLeod v. Sheet Metal Workers International Ass'n, Local Union 28

The National Labor Relations Board (NLRB) sought a temporary injunction against Sheet Metal Workers International Association, Local Union 28, AFL-CIO, alleging secondary boycott and jurisdictional dispute violations of the National Labor Relations Act (NLRA). The dispute arose from a construction project in New York City where the respondent union's members refused to install air-conditioning fans, claiming the associated masonry casing work belonged to them, not to bricklayers represented by another union (Bricklayers Local 34). The court found reasonable cause to believe the respondent engaged in unfair labor practices by attempting to force contractors to cease business with LaSalla Mason Corporation and to reassign the plenum construction work. Citing potential irreparable injury to the general contractor Diesel Construction, the court concluded that the requested injunctive relief was just and proper. Consequently, a temporary injunction was issued to restrain the respondent's actions.

Labor LawNational Labor Relations ActTemporary InjunctionSecondary BoycottJurisdictional DisputeUnfair Labor PracticesConstruction IndustrySheet Metal WorkersBricklayers UnionContract Dispute
References
2
Case No. C-4199
Regular Panel Decision

Board of Education of the Union-Endicott Central School District v. New York State Public Employment Relations Board

The Board of Education of Union-Endicott Central School District initiated a CPLR article 78 proceeding to annul a Public Employment Relations Board (PERB) determination that certified the Endicott Teachers' Association as the exclusive negotiating agent for former members of OTASN. The School Board argued that permitting a non-attorney to represent the Teachers' Association violated Judiciary Law §§ 478 and 484, and that PERB's director improperly made the decision instead of the Administrative Law Judge who presided over the hearing. The court agreed with the School Board on both points, finding PERB's rule allowing lay representation to contravene state law and the director's decision arbitrary and capricious. Consequently, the court annulled PERB's determination and remanded the matter for a new hearing. Additionally, a motion to dismiss by Kathleen Osiecki, president of OTASN, was granted as OTASN was not formally a party to the proceeding.

labour relationspublic employmentcollective bargainingjudicial reviewPERBnon-attorney representationdue processadministrative law judgeunion certificationarbitrary and capricious
References
6
Case No. MISSING
Regular Panel Decision

Danielson v. Joint Board of Coat, Suit & Allied Garment Workers Unions, ILGWU

The Regional Director of the National Labor Relations Board filed a petition for a temporary injunction against the Joint Board of Coat, Suit and Allied Garment Workers Union, ILGWU, AFL-CIO. This action stemmed from a charge by Hazantown, Inc., alleging the Joint Board engaged in unfair labor practices by picketing for recognition without filing an election petition within the statutory thirty-day period. Hazantown, a New York garment manufacturer utilizing contractors, became the target of picketing aimed at securing a "jobbers' agreement," which would obligate Hazantown to deal exclusively with union contractors, despite the Joint Board's disclaimer of interest in representing Hazantown's direct employees. The picketing demonstrably hindered Hazantown's business operations by inducing a stoppage of deliveries. Despite the complex statutory interpretation issues regarding Sections 8(b)(7)(C) and 8(e) of the National Labor Relations Act, the District Court, acknowledging its narrow jurisdiction, found "reasonable cause" to believe an unfair labor practice had occurred. Consequently, to maintain the status quo pending a full adjudication by the Board, the court granted the temporary injunction.

National Labor Relations ActUnfair Labor PracticeTemporary InjunctionPicketingLabor Union RecognitionGarment Industry ExemptionJobber's AgreementNLRA Section 8(b)(7)(C)NLRA Section 8(e)District Court Jurisdiction
References
7
Case No. MISSING
Regular Panel Decision

R.M. Perlman Inc. v. New York Coat, Suit, Dresses, Rainwear & Allied Workers' Union Local 89-22-1

This case involves R.M. Perlman, d/b/a Rebecca Moses Collection (RMC), a garment industry employer, suing two labor unions, Local 89-22-1 and the International Ladies Garment Workers’ Union. The suit stemmed from picketing aimed at compelling RMC to enter into a Hazantown Agreement, which RMC alleged involved violence and caused substantial losses. The amended complaint included federal claims under the National Labor Relations Act and state law claims such as prima facie tort, intentional interference with contractual relations, and defamation. The defendants moved to dismiss the state law claims, arguing federal preemption and RMC's failure to meet New York's specific pleading requirements for actions against unincorporated associations. The court found the state law claims were not preempted due to allegations of violent picketing, aligning with exceptions to federal preemption. However, the court ultimately granted the dismissal of the state law claims (counts two through seven) because RMC failed to allege that every single union member authorized or ratified the violent acts, as required by the New York Court of Appeals decision in Martin v. Curran. Additionally, the individual defendants Byer and Mazur were dismissed because the remaining federal claim under the Labor-Management Relations Act does not allow for individual liability. A motion to dismiss Rebecca Moses as a plaintiff was denied, pending further evidence on her standing. Plaintiffs were granted thirty days to replead the dismissed state law claims.

Labor LawFederal PreemptionState Law ClaimsUnincorporated AssociationsUnion LiabilityViolent PicketingHazantown AgreementMotion to DismissNational Labor Relations ActLabor Management Relations Act
References
31
Case No. MISSING
Regular Panel Decision

International Union of Electrical, Radio & Machine Workers, Local Union No. 782 v. Texas Employment Commission

This case concerns an appeal by the International Union of Electrical, Radio and Machine Workers, Local Union No. 782, AFI-CIO, and 99 individuals challenging a Texas Employment Commission (TEC) decision that denied unemployment compensation benefits. The dispute arose from a General Electric Company plant shutdown in 1957. The appellate court addressed jurisdictional issues related to the aggregate claims amount and venue for non-resident claimants. It affirmed the trial court's dismissal of the union as a party plaintiff, but reversed decisions regarding claimants deemed voluntarily unemployed or not totally unemployed who did not receive immediate vacation pay. The court affirmed the denial of benefits for 11 claimants who received vacation pay prior to the shutdown.

Unemployment CompensationJurisdictionVenueClass Action SuitVoluntary UnemploymentTotal UnemploymentVacation PayCollective Bargaining AgreementStatutory InterpretationJudicial Review
References
12
Case No. MISSING
Regular Panel Decision

Amalgamated Transit Union v. Newman

This case involves a dissenting opinion regarding a judicial review of a Public Employment Relations Board (PERB) determination. PERB had found the Amalgamated Transit Union, Division 1342 (ATU) condoned a wildcat strike by its members against Niagara Frontier Transit Metro System, Inc. in December 1978, violating the Civil Service Law. The hearing officer's recommendation to dismiss the charge was rejected by PERB. The court's majority annulled PERB's determination. The dissent argues that PERB's findings, based on unauthorized absences of union leaders, their inaction to end the strike before a restraining order, and demonstrated control over the members' return to work, were supported by substantial evidence and should have been upheld.

Wildcat StrikePublic Sector LaborUnion CondonationPERB ReviewAdministrative Decision AnnulmentCivil Service Law ViolationsJudicial ScrutinyStrike LeadershipLabor RelationsPublic Employee Strike
References
7
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