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Case Law Database

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

Case No. MISSING

Regular Panel Decision

Kaynard v. Metallic Lathers & Reinforced Concrete Steel Workers Union

The acting regional director of the National Labor Relations Board sought a temporary injunction against Local 46, Wood, Wire & Metal Lathers International Union, AFL-CIO. The NLRB alleged the union unlawfully picketed Prefabricated Concrete, Inc., to compel the assignment of metal work to its members rather than to employees represented by a certified union, Local 3127. Despite the union's claim of informational picketing regarding wages, the court found reasonable cause that the picketing's true object was an unlawful work assignment dispute under the National Labor Relations Act. The picketing severely disrupted concrete deliveries to Prefabricated. The petition for the temporary injunction was granted, restraining the union from picketing during business hours.

Labor DisputeUnfair Labor PracticeWork Assignment DisputePicketingTemporary InjunctionNational Labor Relations ActSecondary BoycottUnion CertificationCollective BargainingPrevailing Wage

References

Case No. MISSING

Regular Panel Decision

Cahill v. Metallic Lathers Union Local No. 46

Plaintiffs initiated a suit under the Labor Management Relations Act against their Local Union, challenging disciplinary actions that prohibited them from serving as foremen or shop stewards. They argued these actions, affirmed by the International Union's General President, violated the International Union's constitution. The court found that the dispute was an internal union conflict, lacking the industrial peace implications or collective bargaining agreement relevance required for Section 301(a) jurisdiction. Furthermore, the court noted that determining if the discipline constituted an unfair labor practice, which was central to the constitutional claim, fell under the exclusive jurisdiction of the National Labor Relations Board. Consequently, the District Court concluded it lacked subject-matter jurisdiction and dismissed the complaint.

Labor Management Relations ActInternal Union DisputeSubject Matter JurisdictionUnfair Labor PracticeUnion Constitution ViolationNLRB JurisdictionPendent JurisdictionSection 301(a)Section 8(b)(1)(B)Disciplinary Action

References

Case No. MISSING

Regular Panel Decision

Mar 15, 1996

Local No. 46 Metallic Lathers Union v. Trataros Construction, Inc.

This case involves union trust funds suing a prime contractor (Trataros Construction Inc.), its shareholder (Costas Trataros), a surety company (Seaboard Surety Company), and a subcontractor (Construction Building Services) for unpaid union fringe benefits related to a construction project. Plaintiffs allege violations of ERISA and state laws. The court denied Trataros' motion to dismiss the ERISA claim but granted its motion to dismiss state claims due to ERISA pre-emption. The court also granted Costas Trataros' motion to dismiss all claims against him, including an ERISA claim. The motion to dismiss Count III against Seaboard Surety Company, alleging a claim under New York State Finance Law § 137, was denied, with the court ruling that ERISA pre-emption does not apply to this state surety law claim.

ERISANew York State Finance LawSurety BondCollective Bargaining AgreementUnpaid Fringe BenefitsCorporate VeilShareholder LiabilitySubcontractorPrime ContractorFederal Pre-emption

References

Case No. MISSING

Regular Panel Decision

Jun 10, 2013

Metal Lathers Local 46 Pension Fund v. River Avenue Contracting Corp.

Plaintiffs, several union benefit funds (the “Funds”), filed suit against River Avenue Contracting Corp. (“River”) and related individual and corporate defendants. The Funds alleged that River and its alter ego entities fraudulently avoided paying contributions owed under collective bargaining agreements. The Amended Complaint raised claims under ERISA, the Labor Management Relations Act (LMRA), and state law for fraud, conspiracy to commit fraud, and aiding and abetting fraud. The Court granted the defendants’ motion to dismiss the ERISA and state law claims, determining that the Funds lacked standing under ERISA and that the state law claims were preempted. The Court also denied the plaintiffs’ request to amend the complaint to add trustees as plaintiffs, suggesting a separate consolidated suit. The case will proceed solely on the LMRA claims against River Avenue Contracting Corp.

ERISALMRACollective Bargaining AgreementsUnion Benefit FundsAlter Ego LiabilityFraudMotion to DismissStandingPreemptionCorporate Veil Piercing

References

Case No. 2022 NY Slip Op 03344 [205 AD3d 570]

Regular Panel Decision

May 24, 2022

Douglas v. Tishman Constr. Corp.

Jaydee Douglas, a lather for Navillus Contracting, was injured on a construction project in Bronx County when struck by a wooden door form. He sought summary judgment against Tishman Construction Corporation and BOP NE LLC based on Labor Law §§ 240 (1) and 241 (6). The Supreme Court granted his motion for both claims but also granted defendants' cross-motion to amend their answers and dismiss claims of traumatic brain injury due to collateral estoppel. The Appellate Division, First Department, modified the order by denying summary judgment on the Labor Law § 241 (6) claim, finding the expert affidavit asserting new grounds was improperly introduced in reply, but otherwise affirmed the decision, including the application of collateral estoppel.

Construction AccidentSummary JudgmentLabor LawCollateral EstoppelTraumatic Brain InjuryVicarious LiabilityProperty Owner LiabilityConstruction Manager LiabilityWorker SafetyAppellate Review

References

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Kaynard v. Metallic Lathers & Reinforced Concrete Steel Workers Union

Labor DisputeUnfair Labor PracticeWork Assignment DisputePicketingTemporary InjunctionNational Labor Relations ActSecondary BoycottUnion CertificationCollective BargainingPrevailing Wage

Cahill v. Metallic Lathers Union Local No. 46

Local No. 46 Metallic Lathers Union v. Trataros Construction, Inc.

ERISANew York State Finance LawSurety BondCollective Bargaining AgreementUnpaid Fringe BenefitsCorporate VeilShareholder LiabilitySubcontractorPrime ContractorFederal Pre-emption

Metal Lathers Local 46 Pension Fund v. River Avenue Contracting Corp.

ERISALMRACollective Bargaining AgreementsUnion Benefit FundsAlter Ego LiabilityFraudMotion to DismissStandingPreemptionCorporate Veil Piercing

Douglas v. Tishman Constr. Corp.

Construction AccidentSummary JudgmentLabor LawCollateral EstoppelTraumatic Brain InjuryVicarious LiabilityProperty Owner LiabilityConstruction Manager LiabilityWorker SafetyAppellate Review