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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

United Derrickmen & Riggers Assoc. Local Union No. 197 of the International Ass'n of Bridge v. Local No. 1 Bricklayers & Allied Craftsman

This action was initiated by Local 197 against Local 1, alleging breach of contract based on violations of the Constitutions of the Building and Construction Trades Department (BCTD) and the Building and Construction Trades Council of Greater New York (BCTC), as well as their respective jurisdictional dispute resolution plans. Local 197 sought partial summary judgment to compel Local 1 to honor its contractual obligations and to rejoin the BCTC, from which Local 1 had withdrawn. Conversely, Local 1 sought summary judgment to dismiss the entire suit, arguing that Local 197 lacked standing as a third-party beneficiary and that the state law tort claims were preempted by the National Labor Relations Act (NLRA). The court determined that Local 197 was an incidental, not intended, beneficiary of the BCTD Constitution and National Plan, and that Local 1's disaffiliation from the BCTC removed its obligations to the New York Plan. Additionally, the court ruled that Local 197's state law claims for tortious interference were preempted by the NLRA. Consequently, the plaintiff's motion for summary judgment was denied, and the defendant's cross-motion for summary judgment was granted, leading to the dismissal of the plaintiff's suit.

Labor LawJurisdictional DisputeBreach of ContractSummary JudgmentThird-Party BeneficiaryNLRA PreemptionUnion AffiliationCollective BargainingAFL-CIO ConstitutionLocal Union Rights
References
26
Case No. MISSING
Regular Panel Decision
Aug 06, 2015

Sidney B. Hale, Jr. v. City of Bonham

The document comprises two appendices related to Texas law. Appendix A presents Chapter 101 of the Texas Civil Practice and Remedies Code, known as the Texas Tort Claims Act, which addresses governmental liability for torts, defining terms, outlining liability for governmental units, setting limitations on liability, and detailing procedural aspects. Appendix B includes sections from Chapter 271 of the Texas Local Government Code, concerning purchasing and contracting authority for municipalities, counties, and other local governments, with a focus on definitions, waivers of immunity for breach of contract, and limitations on adjudication awards.

Texas lawGovernmental immunityTort claimsMunicipal liabilityLocal governmentPurchasing authorityContracting authorityStatutory interpretationSovereign immunityCivil practice and remedies
References
0
Case No. 04-12-00783-CV; 04-13-00109-CV
Regular Panel Decision
Oct 02, 2013

the City of San Antonio v. International Association of Fire Fighters, Local 624

The City of San Antonio appealed a trial court's denial of its motion to abate a lawsuit filed by the International Association of Fire Fighters, Local 624. The Union alleged the City unilaterally changed health-care benefits, violating collective bargaining duties under the Texas Local Government Code. The City argued the dispute was subject to arbitration under their Collective Bargaining Agreement (CBA). The appellate court, the Fourth Court of Appeals, determined that the Union's claim falls within the scope of the CBA's arbitration agreement, which is governed by the Federal Arbitration Act (FAA). Consequently, the court reversed the trial court's order and abated the underlying lawsuit, requiring the parties to exhaust arbitration remedies as stipulated in their CBA. The petition for writ of mandamus filed by the City was denied as the interlocutory appeal was deemed the proper proceeding.

Arbitration AgreementCollective BargainingHealth BenefitsStatutory DutyGood Faith BargainingFederal Arbitration ActTexas Local Government CodeAbatementDeclaratory JudgmentInjunctive Relief
References
29
Case No. M2012-00341-COA-R3-CV
Regular Panel Decision
Jan 17, 2013

Martin D. Red Patterson, as a Citizen of the State of Tennessee, and as Business Manager of the International Union of Operating Engineers Local 369 v. The Convention Center Authority of the Metropolitan Government of Nashville and Davidson Co.

This case addresses whether the residential addresses of employees of third-party contractors, found in payroll records submitted to the Convention Center Authority (CCA), are exempt from disclosure under the Tennessee Public Records Act (TPRA). Petitioners, Martin D. Patterson and Wayne Wells, sought these records to investigate compliance with prevailing wage laws and local hiring commitments for a public construction project. The CCA had redacted employee home addresses and social security numbers, citing privacy rights and exemptions under state and federal law. The trial court ruled that home addresses were not exempt and ordered their disclosure, though it denied attorney's fees to the petitioners. The Court of Appeals affirmed the trial court's judgment, holding that the TPRA does not explicitly or implicitly exempt such addresses from disclosure, and federal FOIA balancing tests are not applicable to the TPRA's framework. The appellate court further upheld the denial of attorney's fees, acknowledging the CCA's good faith in resisting disclosure.

Public Records ActEmployee PrivacyStatutory InterpretationGovernment ContractsPrevailing WageDisclosure LawsAppellate DecisionTennessee LawFOIA ComparisonAttorney Fee Discretion
References
39
Case No. MISSING
Regular Panel Decision

American Federation of Government Employees Local 1 v. Stone

Plaintiff Justin McCrary, a federal employee at the Transportation Security Administration (TSA), and the American Federation of Government Employees Local 1 (AFGE Local 1) sued the United States for alleged non-payment of his promised salary, citing violations of Fifth Amendment and contract rights under the Little Tucker Act. The Defendant filed a Motion to Dismiss based on Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The Court first dismissed AFGE Local 1 as a party due to lack of representational standing. Subsequently, the Court addressed McCrary's claims, finding his constitutional claim for back pay preempted by the Civil Service Reform Act and unexhausted administratively, thus lacking subject matter jurisdiction. Furthermore, the Court determined McCrary had no protected property interest in a specific salary due to his conditional appointment and probationary status, and no actionable breach of contract claim as federal employees derive benefits from appointment, not contract. Consequently, the Defendant's Motion to Dismiss was granted, and the Plaintiffs' Complaint was dismissed with prejudice due to lack of subject matter jurisdiction and failure to state a claim.

Motion to DismissFederal JurisdictionSubject Matter JurisdictionRule 12(b)(1)Rule 12(b)(6)Fifth AmendmentDue ProcessLittle Tucker ActCivil Service Reform ActBreach of Contract
References
82
Case No. MISSING
Regular Panel Decision

Bell Aerospace Co. Division of Textron, Inc. v. Local 516, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America

This case, an action under Section 301 of the Labor Management Relations Act, involved a court-ordered tripartite arbitration between Bell Aerospace Company, Local 516, and Local 205. Following the arbitrator's decision on January 30, 1973, Local 205 moved to vacate the award, citing alleged misbehavior, exceeded authority, disregard of law, and evident partiality by the arbitrator. Local 516 cross-moved to confirm the award. The court, acknowledging its limited jurisdiction under the Arbitration Act, thoroughly reviewed Local 205's claims. It found no sufficient grounds to vacate the award, rejecting all allegations against the arbitrator. Consequently, the court denied Local 205's motion to vacate and granted Local 516's motion to confirm the arbitration award.

ArbitrationLabor Management Relations ActUnion DisputeJudicial ReviewArbitration AwardMotion to VacateMotion to ConfirmFederal CourtCollective BargainingMisbehavior of Arbitrator
References
11
Case No. MISSING
Regular Panel Decision

Local 201, United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Industry v. Shaker, Travis & Quinn, Inc.

This case arises from a work assignment dispute between Local 38 and Local 201 regarding the fabrication of plastic inspection boxes for Shaker, Travis & Quinn, Inc. Local 201 sought a preliminary injunction to prevent Shaker from assigning work to Local 38 and to compel tripartite arbitration. Shaker moved to stay arbitration, citing a pending NLRB 10(k) proceeding, while Local 38 moved to dismiss for lack of jurisdiction. The court denied Shaker’s stay, affirming the national policy favoring arbitration. Local 201’s injunction request was denied due to insufficient proof of irreparable harm. Local 38’s motion to dismiss was also denied, with the court asserting jurisdiction under Section 301 of the Labor Management Relations Act. Ultimately, the court granted Local 201's request for tripartite arbitration, deeming it the most sensible and efficient method for resolving the three-sided dispute.

work assignment disputelabor union disputearbitration injunctionpreliminary injunctionsubject matter jurisdictionLabor Management Relations ActSection 301 LMRAtripartite arbitrationNational Labor Relations BoardNLRB 10(k) proceeding
References
8
Case No. MISSING
Regular Panel Decision

City of San Antonio v. San Antonio Firefighters' Ass'n, Local 624

The City of San Antonio appealed the denial of its motion for summary judgment, seeking a declaration that the "evergreen clause" in its collective bargaining agreement (CBA) with the International Association of Fire Fighters Local 624 violates the Texas Constitution's debt limitations and public policy. The City argued the clause created unconstitutional debt and improperly restricted its governmental powers. The appellate court affirmed the trial court's decision, holding that the City failed to establish that the evergreen clause or the entire CBA was void or violated public policy. The court found that the evergreen clause merely extends the CBA's duration and that most pecuniary obligations, contingent on workforce size, do not constitute unconstitutional "debt." Furthermore, the court concluded that the CBA does not improperly cede or restrict the City's governmental or legislative powers, aligning with Chapter 174 of the Texas Local Government Code which authorizes such collective bargaining agreements.

Evergreen ClauseCollective Bargaining AgreementDebt LimitationsTexas ConstitutionPublic PolicySummary JudgmentAppellate ReviewMunicipal LawLabor RelationsFirefighters Union
References
34
Case No. RQ-0006-GA
Regular Panel Decision

Opinion No.

The opinion from the Texas Attorney General addresses whether the Howard County Commissioners Court can utilize filing fees from the county law library fund (Local Government Code §323.023) to finance online legal research services. Specifically, it evaluates a proposal from the Howard County Bar Association to provide Westlaw access to the general public, jail inmates, judges, and public and private attorneys. A primary concern was the potential for impermissible subsidization of private attorneys and a violation of Article III, Section 52(a) of the Texas Constitution, which prohibits the unconstitutional grant of public funds for private purposes. The Attorney General concluded that the relevant statute permits such expenditures for the law library and judges, and any incidental benefit to private attorneys does not render the expenditure unconstitutional, provided there is a predominant public purpose and adequate public control. Ultimately, the decision rests with the commissioners court's discretion to determine if the expenditure serves a legitimate public purpose and is adequately controlled.

Legal Research ServicesCounty Law Library FundPublic Funds ExpenditureConstitutional LimitationsTexas Local Government CodeHoward County Commissioners CourtAttorney General OpinionPublic Purpose DoctrineIncidental Private BenefitContract Law
References
23
Case No. MISSING
Regular Panel Decision
Jun 30, 1980

Rapid Armored Truck Corp. v. Local 807 Armored Car Division Pension Fund

Petitioner Rapid Armored Truck Corp. and Local Union No. 820 (later Local 807) entered into a collective bargaining agreement requiring pension fund contributions with a broad arbitration clause. After the agreement's extensions, petitioner refused to sign a successor agreement, contending its obligation to the pension fund had terminated. The trustees of the pension fund sought arbitration regarding these contributions. Petitioner commenced a proceeding to stay arbitration, arguing no valid arbitration agreement existed and challenged an amendment naming a single arbitrator. Local 807 cross-applied to compel arbitration. Special Term held that the agreement was extended and the dispute was arbitrable, but ordered a three-member arbitration board. The Appellate Court affirmed, emphasizing the strong presumption favoring arbitrability in private labor disputes and that issues of contract interpretation and obligations arguably created by an expired agreement fall within the arbitration clause.

Collective Bargaining AgreementArbitration DisputePension Fund ContributionsContract TerminationArbitrabilityUnion SuccessionLabor LawEmployer ObligationsGrievance ProcedureAppellate Review
References
7
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