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

Case No. W1999-01971-COA-R3-CV
Regular Panel Decision
May 29, 2001

Teddy Tedder/Maurice Tedder v. Union Planters

Plaintiff Terry Tedder, a temporary employee assigned to Union Planters Bank by Norrell Services, Inc., sustained injuries after falling in the bank's parking lot while reporting to work. Subsequently, Tedder and her husband, Maurice Tedder, filed a negligence lawsuit against Union Planters. The trial court granted summary judgment to the bank, determining that Terry Tedder was a co-employee under the loaned servant doctrine, thereby limiting her remedy to workers' compensation. On appeal, the Court of Appeals of Tennessee affirmed the trial court's decision, concluding that Tedder was indeed a co-employee of Union Planters, and her exclusive legal recourse was through workers' compensation statutes.

loaned servant doctrineworkers' compensationnegligence lawsuitsummary judgmentco-employeetemporary employment agencypremises liabilityemployer liabilityappellate reviewTennessee law
References
4
Case No. MISSING
Regular Panel Decision

Harper v. Local Union No. 520, International Brotherhood of Electrical Workers

Local Union No. 520, International Brotherhood of Electrical Workers, and its members sued contractors W. O. Harper and O. C. Linscomb to enforce a collective bargaining agreement mandating the employment of only union members. The contractors appealed a temporary injunction, arguing the agreement was unilateral, an unenforceable personal service contract lacking mutuality of remedy, and against public policy by creating a monopoly. The court affirmed the injunction, holding the agreement implied reciprocal obligations for the union, was not a personal service contract in its collective aspect, and was enforceable by injunction due to the inadequacy of legal remedies. Furthermore, the court found no evidence the contract violated public policy, as not all local contractors were bound, and the primary motive for breach was economic unprofitability, not an unlawful purpose.

Labor LawCollective BargainingUnion ContractContract EnforcementTemporary InjunctionSpecific PerformanceMutuality of ObligationPublic PolicyAntitrust LawTexas Civil Statutes
References
26
Case No. MISSING
Regular Panel Decision

Local 323 v. International Union of Electronic, Electrical, Salaried, MacHine & Furniture Workers

Plaintiffs, Local 323 and its officers, initiated a lawsuit against the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers (IUE). They alleged that the IUE unlawfully denied Local 323's right to disaffiliate, claiming the IUE amended its constitution to obstruct disaffiliation and breached its own rules in denying their application. Plaintiffs sought judicial enforcement of disaffiliation, retention of assets, an injunction, and damages. The defendant moved to dismiss the complaint, asserting various defenses, including the plaintiffs' failure to exhaust internal union remedies. The court ultimately granted the defendant's motion, concluding that Local 323 had not exhausted its available administrative remedies within the union, a prerequisite for pursuing the claims in federal court, given the internal nature of the dispute.

Union DisaffiliationLabor LawLMRALMRDAExhaustion of Administrative RemediesInternal Union DisputeMotion to DismissBreach of ContractFederal Court JurisdictionUnion Constitution
References
14
Case No. 01-08-00641-CV
Regular Panel Decision
Oct 01, 2009

Union Carbide & Hexion Specialty Chemicals, Inc.'s v. Oliver D. Smith and Peggy Ann Bowen Smith

Oliver D. Smith and Peggy Ann Bowen Smith sued Union Carbide Corporation and Hexion Specialty Chemicals, Inc. for Oliver's mesothelioma caused by asbestos exposure. A jury found Union Carbide and Hexion negligent. On appeal, the Court of Appeals for the First District of Texas reversed the trial court's judgment. The court found insufficient evidence that Union Carbide controlled the details of Oliver's work, which is required to establish premises owner liability under Chapter 95 of the Texas Civil Practice and Remedies Code. Additionally, the court held that the Smiths' claims against Hexion, as successor-in-interest to Smith-Douglas, were barred by the exclusive remedy provision of the Texas Workers' Compensation Act, declining to apply the 'dual-persona' doctrine.

Asbestos LitigationMesotheliomaPremises LiabilityIndependent ContractorWorkers' Compensation ActExclusive RemedyCorporate MergerSuccessor LiabilityDual-Persona DoctrineLegal Sufficiency
References
19
Case No. MISSING
Regular Panel Decision

Santo v. Laborers' International Union

This case addresses a dispute between union members and their labor organizations concerning a dues increase implemented during a trusteeship. Plaintiffs challenged the unilateral dues increase by a trustee under the Labor Management Reporting and Disclosure Act (LMRDA) and the union's constitution. The court found that the trustee's action violated the LMRDA's provision requiring member participation in dues decisions, even under a trusteeship. However, the claim based on the union constitution was dismissed due to the plaintiffs' failure to exhaust internal union remedies. The court granted summary judgment to the plaintiffs on the LMRDA claim and to the defendants on the union constitution claim, leaving the issue of damages unresolved.

LMRDAUnion DuesTrusteeshipLabor Management Reporting and Disclosure ActSummary JudgmentExhaustion of RemediesUnion ConstitutionVoting RightsDemocratic GovernanceLabor Unions
References
23
Case No. 97-CV-368S(F)
Regular Panel Decision

Amalgamated Local Union Number 55, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America Retirement Income Fund ex rel. Amalgamated Local Union Number 55, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America Welfare Fund v. Fibron Products, Inc.

This case involves a dispute between the United Automobile, Aerospace and Agricultural Implement Workers of America, Amalgamated Local Union No. 55 (the Union) and Fibron Products, Inc. (Fibron) concerning a collective bargaining agreement. The Union filed a grievance alleging Fibron failed to remit insurance, pension, and union dues premiums. After resolving union dues, the Union sought to compel arbitration for the remaining issues. Fibron removed the Union's state court petition to compel arbitration to federal court. The court determined it lacked subject matter jurisdiction because the Union, as master of its complaint, chose to pursue a state procedural remedy not preempted by federal law. Consequently, the petition to compel arbitration was remanded to state court, and the Plaintiffs' motion to compel arbitration was dismissed as moot.

Removal JurisdictionSubject Matter JurisdictionArbitrationCollective Bargaining AgreementLMRA PreemptionWell-Pleaded Complaint RuleFederal Question JurisdictionState Procedural RemedyRemand to State CourtMotion to Compel Arbitration
References
15
Case No. MISSING
Regular Panel Decision

International Union of Operating Engineers, Local No. 450 v. Mid-Valley, Inc.

The International Union of Operating Engineers (Union) sought judicial enforcement of an arbitrator's decision against Mid-Valley, Inc. (Company). The arbitrator had found the Company violated a collective bargaining agreement by not employing operating engineers for dewatering devices and awarded wage payments to the Union. The Company objected, contending the arbitrator exceeded his authority, particularly regarding the monetary award. The District Court affirmed the arbitrator's authority to fashion a remedy but distinguished between compensatory and punitive damages. The court found the first segment of the arbitrator's award, covering the period before the arbitrator's decision, to be punitive and denied its enforcement, allowing only nominal damages. The second segment, intended to incentivize compliance, was upheld and enforced. The Union's request for attorney's fees was denied.

Arbitration EnforcementCollective Bargaining AgreementLabor DisputeArbitrator AuthorityContract BreachPunitive DamagesNominal DamagesJudicial ReviewGrievance ResolutionWage Payments
References
19
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

Bernard v. Local 100, Transport Workers Union

The plaintiffs, Carlyle Bernard and John Simino, members of Local 100, Transport Workers Union of America, sought a preliminary injunction to prevent their union from barring Bernard's candidacy for Recording Secretary. Bernard was disqualified due to a union bylaw requiring minimum meeting attendance, which he could not meet due to his work schedule. The plaintiffs argued that this rule was an unreasonable restriction on candidate eligibility under Title I of the LMRDA, thereby denying members equal rights to nominate and vote. The Court denied the preliminary injunction, stating that the plaintiffs failed to show irreparable harm or a likelihood of success on the merits. The decision highlighted that Title I primarily addresses direct discrimination in voting rights, not challenges to uniformly applied eligibility requirements, which are typically governed by Title IV's post-election enforcement by the Secretary of Labor. The Court also suggested the plaintiffs exhaust internal union remedies.

Union ElectionsLMRDA Title ILMRDA Title IVCandidate EligibilityMeeting Attendance RulesPreliminary InjunctionEqual RightsUnion BylawsInternal Union RemediesJudicial Review
References
22
Case No. CIV-88-1404C, CIV-90-481C
Regular Panel Decision

CSX Transportation, Inc. v. United Transportation Union

CSX Transportation, Inc. (CSXT) initiated the sale of a 369-mile rail line, which threatened the jobs of 226 employees. In response, the United Transportation Union and American Train Dispatchers Association (the Unions) invoked the Railway Labor Act (RLA) § 6, seeking to negotiate labor-protective provisions and preserve the status quo. The district court initially deemed the dispute 'minor' due to CSXT's plausible contractual defense, allowing the sale to proceed while the matter went to arbitration. A special adjustment board subsequently found CSXT's contractual defense unavailing, concluding that existing agreements did not permit the sale without prior bargaining over employee impacts. This court affirmed the board's jurisdiction and its finding, clarifying that the Unions were indeed entitled to status quo preservation during such bargaining, distinguishing its ruling from other circuits that had broadened management prerogative in partial business sales. The case is now remanded to the board to determine the appropriate remedies for the affected union members.

Railway Labor ActLabor DisputeCollective BargainingStatus QuoLine SaleArbitrationMajor DisputeMinor DisputeManagement PrerogativeEmployee Protection
References
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