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

Case No. 83 Civ. 2059
Regular Panel Decision

Perry v. International Transport Workers' Federation

This case addresses a complex labor dispute between plaintiffs William Perry (President of Local 6, International Longshoremen’s Association) and International Shipping Association (ISA) against defendant International Transport Workers’ Federation (ITF). Plaintiffs alleged antitrust violations under the Clayton and Sherman Acts, alongside state law claims for tortious interference with contractual rights, primarily concerning ITF’s 'blacking' policy on 'flag of convenience' vessels. ITF cross-claimed for antitrust violations, tortious interference, unfair competition, and trademark infringement under the Lanham Act. The court granted summary judgment to the defendant on the plaintiffs’ antitrust claim, citing a statutory labor exemption for ITF's activities, and dismissed ITF's antitrust counterclaim. While denying summary judgment on most tortious interference claims due to factual disputes, the court granted summary judgment to defendant on ISA’s tortious interference claim and to plaintiff Local 6 on ITF’s counterclaim for tortious interference with contractual relations. Furthermore, the court denied the plaintiffs' motion to dismiss the damages portion of the defendant's Lanham Act counterclaim.

Antitrust LawLabor DisputesSummary JudgmentTortious InterferenceLanham ActSherman ActClayton ActNorris-LaGuardia ActFlag of Convenience VesselsCollective Bargaining
References
55
Case No. MISSING
Regular Panel Decision

Arteaga v. Bevona

The case involves Armando Arteaga, a porter dismissed by International Service Systems, Inc. (ISS) for alleged wine theft. Arteaga pursued a grievance through his union, Local 32B-32J, Service Employees International Union, leading to arbitration. Initially, Arteaga won a default award, but ISS successfully reopened the case due to an industry-wide strike. A subsequent arbitration, where Arteaga was represented by union counsel Amy Spivak, resulted in the arbitrator crediting ISS's version of events and denying Arteaga's grievance. Arteaga then filed a hybrid § 301/fair representation claim, alleging the Union breached its duty of fair representation and ISS breached the collective bargaining agreement. The court granted summary judgment to the defendants, ruling that Arteaga failed to provide sufficient evidence that the Union's actions, even if tactical errors or negligence, amounted to arbitrary, discriminatory, or bad faith conduct that seriously undermined the arbitral process. Consequently, Arteaga's entire complaint was dismissed.

Wrongful TerminationBreach of Collective Bargaining AgreementDuty of Fair RepresentationLabor Management Relations ActSummary JudgmentArbitration AwardUnion GrievanceEmployee DismissalTactical ErrorsNegligence
References
16
Case No. MISSING
Regular Panel Decision

International Union of Operating Engineers Local Union No. 17 v. Swank Associated Co.

The International Union of Operating Engineers, Local Union No. 17, initiated an action to compel arbitration against Swank Associated Company, Inc., following a labor grievance. Swank removed the case to federal court and filed a third-party action against Local 210, arguing the matter constituted a jurisdictional dispute not subject to arbitration. The court, presided over by Magistrate Judge Schroeder, examined the collective bargaining agreement to determine the arbitrability of the dispute. It concluded that while an arbitrator could determine if the issue was a jurisdictional dispute, they could not resolve it on the merits if it was found to be jurisdictional. Consequently, the plaintiff's motion for judgment on the pleadings was denied, and the grievance was directed to arbitration solely to ascertain whether it constituted a jurisdictional dispute under the agreement.

Labor LawArbitration AgreementJurisdictional DisputesCollective BargainingLabor Management Relations ActFederal CourtPleadings MotionContract InterpretationArbitrabilityUnion Rights
References
6
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Wells Fargo Armored Service Corp. & Office & Professional Employees International Union, Local No. 153

This case concerns an appeal by Office and Professional Employees International Union, Local No. 153, against Wells Fargo, seeking to compel arbitration after Wells Fargo discharged an employee. The dispute arose when Wells Fargo refused arbitration, citing the union's alleged non-compliance with preliminary grievance steps, which Special Term deemed a condition precedent to arbitration. The appellate court reversed this decision. It clarified that in labor-management agreements, unlike commercial arbitrations, compliance with grievance procedures constitutes procedural arbitrability, a matter for the arbitrator, not the court, to decide. Citing Federal law and the specific language of the collective bargaining agreement, the court denied Wells Fargo's request for a permanent stay and granted the union's motion to compel arbitration.

ArbitrationLabor DisputeCollective Bargaining AgreementProcedural ArbitrabilityConditions PrecedentFederal LawGrievance ProcedureStay of ArbitrationCompel ArbitrationUnion
References
7
Case No. 00-CV-1161
Regular Panel Decision
Dec 18, 2000

Gallagher v. INTERNATIONAL BROTH. OF ELEC. WORKERS

Plaintiff Michael Gallagher sued several entities, including the International Brotherhood of Electrical Workers (IBEW) and its President J.J. Barry, alleging age discrimination in employment referrals and retaliation through IBEW Local Union No. 43's hiring hall. Gallagher claimed the collective bargaining agreement facilitated discrimination against older workers and that Local 43 was an agent of the International defendants. The defendants moved for judgment on the pleadings, arguing that Gallagher failed to name the International defendants in his EEOC charge, thus failing to exhaust administrative remedies and that no identity of interest existed between the named and unnamed parties. The court granted the motion, dismissing the claims against the International defendants due to Gallagher's failure to file an administrative complaint against them and the lack of an agency relationship or ratification of discriminatory acts. Furthermore, the court found the claims to be time-barred under both state and federal statutes of limitations.

Age DiscriminationEmployment LawLabor UnionCollective Bargaining AgreementEEOCNYSDHRExhaustion of Administrative RemediesFederal Rule of Civil Procedure 12(c)Judgment on PleadingsStatute of Limitations
References
32
Case No. MISSING
Regular Panel Decision
Feb 18, 1986

Durivage v. Diamond International Corp.

The claimant, employed by Diamond International Corporation, was discharged due to an extremely poor attendance record, despite having sustained two compensable injuries. After her discharge, she filed a grievance, and an arbitrator upheld the employer's decision, finding it justified. Subsequently, the claimant filed a claim alleging that her termination was in retaliation for filing compensation claims. However, the Workers' Compensation Board rejected this claim, a decision which was later affirmed on appeal. The court found substantial evidence supporting the Board's conclusion, noting that most of the claimant's absences were unrelated to her work injuries and that she had received multiple warnings regarding her attendance.

Retaliatory dischargePoor attendanceWorkers' compensation claimEmployer discriminationJustified terminationArbitrator findingAttendance policySubstantial evidenceBoard decisionAppellate review
References
2
Case No. MISSING
Regular Panel Decision

International Brotherhood of Teamsters v. Kitty Hawk International, Inc. (In Re Kitty Hawk, Inc.)

The case involves a motion for partial summary judgment by Kitty Hawk International, Inc. (Debtor) against the International Brotherhood of Teamsters (Union). The Union sought a declaratory judgment that its members' claims under a collective bargaining agreement (CBA) and the Worker Adjustment and Retraining Notification Act (WARN Act) were immediately due and payable as administrative expenses, arguing the CBA was not properly rejected. The Debtor contended these were pre-petition claims not entitled to priority. The court ruled in favor of the Debtor, holding that claims arising from a CBA not rejected under § 1113 are still subject to the priority scheme of § 507. It found that both the CBA Claims and WARN Claims were not administrative claims because no services were rendered post-petition, making them lower priority unsecured claims.

BankruptcyChapter 11Collective Bargaining AgreementWARN ActClaim PriorityAdministrative ExpensesWage ClaimsDebtor-Employer RelationsUnion ClaimsSummary Judgment
References
35
Case No. MISSING
Regular Panel Decision

Curry v. American International Group, Inc. Plan No. 502

Curry, a former Regional Insurance Underwriting Manager for AIG, sued American International Group, Inc. Plan No. 502 and American International Life Assurance Co. of New York ("AI Life") under ERISA § 502(a) after her long-term disability benefits were terminated. Curry suffers from degenerative osteoarthritis and diabetes. AI Life initially approved her benefits but later terminated them, alleging she could perform a sedentary occupation, relying on unverified medical responses. The court found AI Life's decision to be arbitrary and capricious due to its reliance on unreliable medical opinions, failure to clarify the record, and disregard for Curry's doctors' reports. Consequently, the court granted Curry's motion for summary judgment, denying the defendants' motion, and ordered the reinstatement of her benefits with prejudgment interest and attorney's fees.

ERISALong-term disabilityBenefits terminationArbitrary and capricious standardConflict of interestMedical opinionUnreliable evidenceSummary judgmentOrthopaedic conditionsDiabetes
References
10
Case No. MISSING
Regular Panel Decision

Curran v. International Union, Oil, Chemical & Atomic Workers

Plaintiff, an employee of Carborundum Company, suffered a partial hand amputation in a "rubber roll" machine accident on March 8, 1979. He sued his unions, International Union, Oil, Chemical & Atomic Workers, AFL-CIO, and Abrasive Workers, Local 8-12058, Oil, Chemical & Atomic Workers International Union, alleging state law negligence for failing to safeguard him from dangers and a federal claim for breaching their duty of fair representation. The unions moved for summary judgment, arguing federal law preempts the negligence claim and they did not breach their duty of fair representation. The court granted the unions' motion regarding the negligence claim, ruling that a union's duty to its members, arising from a collective bargaining agreement, is governed exclusively by federal law and does not include a duty of care. However, the court denied the motion regarding the breach of fair representation claim, finding sufficient facts and allegations to infer that the unions may have discharged their duty in an arbitrary, perfunctory manner or in bad faith, thus leaving triable issues of fact.

Union LiabilityDuty of Fair RepresentationNegligence ClaimFederal PreemptionCollective Bargaining AgreementSummary Judgment MotionLabor LawWorkplace AccidentSafety and Health CommitteeArbitrary Union Action
References
8
Case No. No. 00-CV-1161
Regular Panel Decision
Dec 28, 2000

Gallagher v. International Brotherhood of Electrical Workers

Michael Gallagher, a member of IBEW Local 43, sued the International Brotherhood of Electrical Workers (IBEW), its President J.J. Barry, IBEW Local 43, and several electrical contractors, alleging age discrimination in employment referrals and retaliation. He claimed violations of the Age Discrimination in Employment Act (ADEA) and New York Executive Law § 296. The International defendants (IBEW and J.J. Barry) filed a motion for judgment on the pleadings, arguing that Gallagher failed to name them in his administrative charges with the EEOC and NYSDHR, and that the claims were time-barred. The court granted the motion, finding that the "identity of interest" exception did not apply, thereby barring the ADEA claim against the International defendants. Additionally, the court ruled that Gallagher's state law claims were also time-barred due to failure to file within the statutory limits against the International defendants.

Age DiscriminationEmployment LawLabor UnionsCollective BargainingHiring HallEEOCNYSDHRStatute of LimitationsJudgment on the PleadingsIdentity of Interest
References
15
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