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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 205, Community and Social Agency Employees'union v. Day Care Council of Ny Inc.

Local 205, Community and Social Agency Employees’ Union petitioned for confirmation and enforcement of an arbitration award against the Day Care Council of New York, Inc. (DCC). The award arose from employee grievances against the now-closed Georgia-Livonia Day Care Center. The Union argued that the award should be interpreted as binding upon DCC, a multi-employer bargaining association, despite not explicitly naming DCC for relief. DCC contended it was not a party to the arbitration agreement in the collective bargaining agreement (CBA) and therefore not obligated to arbitrate disputes involving itself. The court, after reviewing the CBA's language and the parties' past conduct, found no agreement by DCC to arbitrate. It also ruled that DCC's defenses were not time-barred by either the Federal Arbitration Act or New York C.P.L.R. § 7511, as these limitations do not apply to arguments challenging the existence of an arbitration agreement itself. Consequently, the Union's petition for confirmation and enforcement of the award against DCC was denied.

Arbitration AwardCollective Bargaining AgreementGrievance ProcedureMulti-Employer AssociationAgreement to ArbitrateFederal Arbitration ActLabor Management Relations ActConfirmation of AwardEnforcement of AwardSouthern District of New York
References
25
Case No. MISSING
Regular Panel Decision

Grimmer v. Lord Day & Lord

This case is a class action brought under the Worker Adjustment and Retraining Notification Act (WARN Act) by former employees of the law firm Lord Day & Lord, Barrett Smith. The employees alleged that the firm violated the WARN Act by closing its offices without providing the required sixty days' advance notice. Lord Day asserted statutory exceptions, specifically the 'faltering company' and 'unforeseeable business circumstances' exceptions, as affirmative defenses. Plaintiffs moved for partial summary judgment, contending that Lord Day's notice was insufficient as it merely recited the language of a statutory exception without providing a 'brief statement of the basis' for reducing the notice period. The court agreed with the plaintiffs, ruling that simply citing a statutory exception is inadequate and that specific factual basis is required, thus granting the motion and striking Lord Day's affirmative defenses.

WARN Actplant closingmass layoffnotice periodunforeseeable business circumstancesfaltering company exceptionaffirmative defensessummary judgmentstatutory interpretationemployee rights
References
2
Case No. 2023 NY Slip Op 00704 [213 AD3d 1050]
Regular Panel Decision
Feb 09, 2023

Matter of Paka (Same Day Delivery Inc.--Commissioner of Labor)

The case involves Jacques Paka, a delivery driver, who applied for unemployment insurance benefits after working for Same Day Delivery Inc. The Department of Labor initially determined Paka was an employee, making Same Day liable for contributions. The Unemployment Insurance Appeal Board initially overruled this, finding Paka to be an independent contractor. However, upon reconsideration requested by the Commissioner of Labor, the Board rescinded its prior decision and sustained the Department's original determination, finding an employment relationship. The Appellate Division, Third Department, affirmed the Board's decision, rejecting Same Day's arguments against the reopening of the case and finding substantial evidence to support the Board's conclusion that Same Day exercised sufficient control over Paka to establish an employment relationship. The Court also affirmed that these findings apply to similarly situated individuals.

Unemployment InsuranceIndependent ContractorEmployment RelationshipControl TestAppellate ReviewUnemployment Insurance Appeal BoardLabor LawUnemployment BenefitsDelivery DriverSubstantial Evidence
References
11
Case No. MISSING
Regular Panel Decision

New York City District Council of Carpenters Pension Fund v. Dafna Construction Co.

The Trustees of several benefit funds sought confirmation of an arbitrator's ruling that Dafna Construction Company owed $293,323.32 in unpaid contributions to the funds, as per a collective bargaining agreement. Dafna opposed, alleging arbitrator misconduct and seeking to vacate or modify the award. The Court, presided over by District Judge Marrero, found Dafna's challenge to be time-barred, as it was filed more than ninety days after the arbitrator's ruling, in accordance with New York Civil Practice Laws and Rules § 7511(a). The Court rejected Dafna's argument to apply a New York court interpretation allowing late challenges during confirmation, stating it would contravene federal policy under LMRA § 301 promoting swift resolution of labor disputes. Consequently, the Trustees' motion for confirmation was granted, Dafna's motion to vacate was denied, and Dafna was ordered to pay the awarded amount plus $3,636.50 in attorneys' fees and costs.

Arbitration Award ConfirmationLabor Management Relations ActStatute of Limitations BarCollective Bargaining Agreement EnforcementUnpaid Fringe Benefit ContributionsFederal Preemption DoctrineArbitrator ImpartialityJudicial Review of ArbitrationNew York State LawAttorneys' Fees in Arbitration
References
19
Case No. MISSING
Regular Panel Decision

American Train Dispatchers Ass'n v. Metro-North Commuter Railroad

Plaintiff American Train Dispatchers Association (ATDA) accused defendant Metro-North Commuter Railroad Company of violating the Railway Labor Act (RLA) by unilaterally implementing changes to work rules and conditions without prior union consultation. The changes concerned sick leave, vacation days, training time, work attire, and drug/alcohol testing. The court classified these disputes as either 'major' or 'minor' under the RLA. It found that the automatic requirement for doctor's certificates for sick days not contiguous to rest days, holidays, or vacation, and the new work attire policy constituted 'major disputes', and thus granted a permanent injunction to restore the status quo. However, the court deemed disputes over training time, single vacation days, and sick days contiguous to rest days/holidays/vacation as 'minor disputes', denying injunctive relief for these. The court also denied injunctive relief for random drug testing due to insufficient evidence, noting that the issue of drug testing as part of regular medical examinations was being addressed in a separate ruling.

Railway Labor ActMajor DisputeMinor DisputeInjunctive ReliefWork RulesSick Leave PolicyVacation PolicyTraining TimeDress CodeDrug Testing
References
14
Case No. MISSING
Regular Panel Decision

Gardner v. Catering by Henry Smith, Inc.

Plaintiffs Kevin Gardner and Pierre Vogelsang sued defendants Catering by Henry Smith, Incorporated and Henry H. Smith for unpaid overtime wages and unused vacation time, alleging violations of the Fair Labor Standards Act and New York Labor Law. The plaintiffs accepted a Rule 68 offer of judgment from the defendants. Subsequently, the plaintiffs moved to recover attorneys' fees and costs pursuant to Rule 54 of the Federal Rules of Civil Procedure. The Court found that the motion for attorneys' fees was filed after the 14-day deadline stipulated by Rule 54, and no justification for the delay was provided. Similarly, the motion for costs was filed beyond the 30-day period set by S.D.N.Y. & E.D.N.Y. Local Civil Rule 54.1(a) without good cause. Therefore, the Court denied both motions.

Overtime WagesUnused Vacation TimeFLSANew York Labor LawFederal Rules of Civil Procedure Rule 68Federal Rules of Civil Procedure Rule 54Attorneys' FeesCostsTimelinessFinal Judgment
References
7
Case No. MISSING
Regular Panel Decision
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
Case No. No. 75 B 1735
Regular Panel Decision
Dec 21, 1976

In Re WT Grant Co.

This case from the U.S. District Court, S.D. New York, addresses three appeals related to the bankruptcy estate of W. T. Grant Company. Paul S. Berger, Trustee, and other plaintiffs-appellants challenged a Bankruptcy Court order dismissing their amended complaint. They also appealed the denial of their motions for a nunc pro tunc extension to file a notice of appeal and for reconsideration of that denial. District Judge Irving Ben Cooper granted the defendant trustee Charles G. Rodman's motion to dismiss the plaintiffs' initial appeal, ruling it was untimely filed 18 days after the Bankruptcy Court's order, exceeding the 10-day limit with a 30-day absolute maximum. The court affirmed the Bankruptcy Court's subsequent denials of the extension and reconsideration motions, emphasizing the strict interpretation of Bankruptcy Rules 801, 802, and 803 to ensure the expeditious and final administration of bankrupt estates.

Bankruptcy AppealTimelinessNotice of AppealExcusable NeglectJurisdictional DefectBankruptcy Rules 801Bankruptcy Rules 802Bankruptcy Rules 803Finality of OrdersTrustee in Bankruptcy
References
10
Case No. MISSING
Regular Panel Decision
Mar 22, 1971

Claim of Pollak v. Robert Day, Inc.

The Workmen’s Compensation Board awarded disability benefits to a waiter under the Disability Benefits Law, finding him to be a 'shape-up worker' concurrently employed by Creative Caterers, Inc. and Robert Day, Inc. The claimant fell ill in February 1970 and was hospitalized, having worked for both employers in the same calendar week. Appellants challenged the board's finding of concurrent employment, citing the claimant's sporadic work record and arguing a lack of substantial evidence. The court affirmed the board's decision, asserting that concurrent employment and eligibility are questions of fact solely within the board's province, and its conclusion was supported by sufficient evidence. The court clarified that regular employment by the *same* employers within the same calendar week is not necessary; only regular and customary employment by more than one covered employer within the same week is required.

disability benefitsconcurrent employmentshape-up workerWorkmen's Compensation LawArticle 9substantial evidencequestion of factapportionmentemployer liabilityappellate review
References
0
Case No. MISSING
Regular Panel Decision

Walker v. Columbia University

The plaintiffs in this action filed their complaint on June 15, 1973, but failed to move for a class action determination within the required sixty days, missing the deadline by over four weeks. The court found that this delay hampered public business and that no valid excuse was offered for the untimeliness. Furthermore, the court concluded that the plaintiffs' attorneys' failure to adhere to clear rules indicates they would not adequately protect the class interests. Consequently, the defendants' motion to dismiss the action as a class action was granted, and the plaintiffs' cross-motion for a class action determination was denied.

Untimely MotionClass Action DismissalProcedural RulesRule 23(c)(1)Rule 23(a)(4)Attorney ConductJudicial DiscretionDelayFailure to ProsecuteRule 11A(c)
References
4
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