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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

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. MISSING
Regular Panel Decision

Office & Professional Employees International Union, Local 153 v. Miller

Local 153 of the Office and Professional Employees International Union sought judicial review of the National Labor Relations Board's decision to dismiss its petition for certification and the General Counsel's refusal to act on an unfair labor practice charge. The Board had declined jurisdiction over the employer, AGIP, USA, Inc., due to its ownership by the Italian government. The District Court, presided over by Judge Lasker, determined it lacked subject matter jurisdiction to review the Board's representation orders or compel the General Counsel, citing precedents establishing the finality of such administrative decisions. Consequently, the court denied the Union's motion for summary judgment and granted the motions of the Board and the intervening employer, dismissing the complaint.

Judicial ReviewNLRB JurisdictionNational Labor Relations ActCertification PetitionUnfair Labor PracticeSubject Matter JurisdictionAdministrative LawIntervenorSummary JudgmentGovernment Owned Entity
References
8
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. MISSING
Regular Panel Decision

Local 54 United Paperworkers International Union

Local 54 United Paperworkers International Union appealed a decision by the Unemployment Insurance Appeal Board, which found the union liable for unemployment insurance contributions for payments made to its officers engaging in union activities during work hours. The union contended that its officers were not employees and that New York's unemployment insurance laws were preempted by the National Labor Relations Act. The court concluded that substantial evidence supported the Board's finding of an employer-employee relationship, citing expense reimbursements, tax withholdings, and W-2 form issuances by the union. Furthermore, the court ruled that the National Labor Relations Act did not preempt the state's unemployment insurance statute, categorizing the union's preemption argument as a peripheral concern to the federal act, while upholding state authority over unemployment compensation programs. Consequently, the Board's decision was affirmed.

Unemployment InsuranceEmployee-Employer RelationshipUnion OfficersPreemptionNational Labor Relations ActState LawCompensationWorkers' Compensation BoardDisability Benefits LawNew York
References
18
Case No. MISSING
Regular Panel Decision

Duane Reads Inc. v. Local 338 Retail, Wholesale & Department Store Union

Duane Reade Inc. sued Local 338 of the Retail, Wholesale and Department Store Union and its officers for defamation following a heated labor dispute. The union had published allegedly libelous statements on a website, press releases, and flyers concerning Duane Reade's business practices and treatment of workers. Duane Reade contended that the union as a whole should be held accountable or, alternatively, that the officers acted outside their official capacities. The court granted the defendants' motion to dismiss, citing the long-standing New York rule from Martin v Curran, which requires unanimous member ratification for suits against unincorporated unions. Furthermore, the court determined that the cause of action was preempted by the National Labor Relations Act (NLRA) because the union's communications were related to a protected labor dispute and did not meet the malice standard required to overcome preemption, also noting the republication privilege.

DefamationLabor DisputeUnion LiabilityNational Labor Relations ActNLRA PreemptionMartin v CurranFreedom of SpeechLibelImplied AgencyNew York Law
References
12
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

New York Electrical Contractors' Ass'n v. Local Union No. 3 of International Brotherhood of Electrical Workers

This decision addresses an application filed by Local Union No. 3 of the International Brotherhood of Electrical Workers, a defendant in the original action. The union sought to quash the summons and service of other legal papers, asserting misnomer and improper service. The court noted that under Section 13 of the General Associations Law, actions against unincorporated associations must be brought against the president or treasurer, and service must be made upon these officers. Despite the plaintiff naming the union's president and treasurer in its papers, service on the local union was made on its general counsel and its financial secretary individually, not its president or treasurer. The court found this service insufficient to establish jurisdiction over the local union and, consequently, granted the motion to quash the service.

JurisdictionService of ProcessUnincorporated AssociationMisnomerGeneral Associations LawCivil Practice ActMotion to QuashLabour UnionStatutory InterpretationProcedural Law
References
6
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

M. Cristo, Inc. v. State of New York Office of General Services

This dissenting opinion by Staley, Jr., J. concerns the rejection of a low bid from a petitioner by the Office of General Services. The rejection was based on the petitioner's unresolved labor dispute with Laborers Local No. 190, which the Office of General Services feared would cause disruption and delay to the South Mall project, a 'time of the essence' contract. Staley, Jr., J. argues that the State's action was lawful, citing State Finance Law § 174 and previous cases that permit bid rejection in the best interests of the State, especially when a labor dispute threatens project completion. The dissent distinguishes this case from precedents involving mere threats of union action. However, the majority decision, which this opinion dissents from, reversed the judgment and ruled in favor of the petitioner.

Labor DisputeBid RejectionState ContractPublic WorksTime of EssenceJudicial ReviewAppellate DecisionProcurement LawNonunion WorkersProject Delay
References
3
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