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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

McConnell v. Chauffeurs, Teamsters & Helpers Local 445

Plaintiff William McConnell filed a lawsuit against Chauffeurs, Teamsters and Helpers Local 445, alleging the Union retaliated against him for his criticism of their contract policies. McConnell claimed he was removed from hiring lists and faced false charges leading to his dismissal as a business agent. He asserted violations of his free speech and due process rights under the Labor-Management Reporting and Disclosure Act (LMRDA). Although his initial grievance with the NLRB was dismissed, the court found it did not bar the LMRDA action. However, the court ultimately granted the defendants' motion to dismiss, ruling that McConnell's LMRDA claims were time-barred by the six-month statute of limitations applicable to unfair labor practices.

LMRDA claimsUnion retaliationFree speech rights (Union)Due process (Union discipline)Statute of limitationsNational Labor Relations Act (NLRA)Unfair labor practicesExclusive NLRB jurisdictionFair representation suitsLabor-Management Reporting and Disclosure Act
References
19
Case No. 2018 NY Slip Op 06963
Regular Panel Decision
Oct 18, 2018

International Union of Painters & Allied Trades, Dist. Council No. 4 v. New York State Dept. of Labor

This case addresses the interpretation of New York's prevailing wage law, Labor Law § 220 (3-e), concerning apprentice wages on public work projects. The International Union of Painters & Allied Trades and glazing contractors challenged the New York State Department of Labor's (DOL) policy which stipulates that apprentices must perform tasks within their registered trade classification to be paid apprentice rates. Plaintiffs argued this policy increased costs and limited on-the-job training for glazier apprentices whose curriculum included tasks classified as ironwork. The Court of Appeals reversed the Appellate Division, upholding the DOL's interpretation as rational. The Court reasoned that the statute's language was ambiguous, and the DOL's policy prevented employers from using apprentices as cheap labor outside their specific trade, thereby ensuring proper training and maintaining construction standards.

Prevailing Wage LawApprentice WagesPublic Work ProjectsGlazier ApprenticesIronworker TasksStatutory InterpretationAdministrative DeferenceLabor Law § 220Trade ClassificationWorkforce Development
References
17
Case No. MISSING
Regular Panel Decision

Operative Plasterers & Cement Masons International Ass'n v. International Brotherhood of Painters & Allied Trades

This case involves an ongoing jurisdictional dispute between the Operative Plasterers & Cement Masons International Association (Plasterers Local 530) and the International Brotherhood of Painters and Aided Trades (Painters Local 1486) concerning 'skimcoating' work at the Nordstrom’s Project. The Plasterers initiated the action after the contractor, Island Taping, Inc., hired the Painters' Local 1486 instead of Local 530. After local and national arbitration attempts failed to resolve the arbitrability issue, the Plasterers requested the District Court to either compel arbitration or assume jurisdiction to decide the dispute and sought a preliminary injunction. The Court ruled that the question of arbitrability was not clearly delegated to the arbitrator and must be decided independently by the Court. A hearing has been ordered to determine if Local 1486 is affiliated with the New York Plan, which would establish arbitrability. The Court also denied the request for a preliminary injunction due to a lack of demonstrated irreparable harm.

jurisdictional disputelabor unionsarbitrationNational Labor Relations Actpreliminary injunctionarbitrabilityunion affiliationskimcoating workconstruction industryfederal court jurisdiction
References
9
Case No. MISSING
Regular Panel Decision

Nardolillo v. Sovinsky

Plaintiffs, members of the Tile, Marble and Terrazzo Helpers Subordinate Union No. 8, sought to recover funds contributed by their employer to a trust fund. They argued that the discontinuation of employer contributions rendered them ineligible for benefits, making the trust's purpose impossible and leading to unjust enrichment by the fund. Defendants countered that such payments would violate the trust agreement and IRS provisions, maintaining that plaintiffs remained eligible. The court determined that the fund was a common trust, not individual escrowed accounts, and upheld the trustees' interpretation that ensured plaintiffs' continued eligibility, preventing a forfeiture of rights. Consequently, the plaintiffs' motion was denied, and the defendants' motion to dismiss was granted.

Union Trust FundEmployee BenefitsEmployer ContributionsTrust AgreementBenefit EligibilityFund AdministrationBreach of TrustFiduciary DutyDismissal MotionLabor-Management Relations Act
References
6
Case No. MISSING
Regular Panel Decision

Dimitropoulos v. Painters Union District Council 9

The plaintiff, Peter Dimitropoulos, sued District Council 9 of the International Brotherhood of Painters and Allied Trades ("DC-9") for age discrimination under the ADEA. He alleged the union improperly handled his grievance, failed to refer him to jobs, and wrongfully expelled him. The court found no evidence that the union's handling of his grievance or his expulsion after a fight were motivated by age. Crucially, regarding job referrals, the plaintiff admitted he failed to sign the required "out-of-work book," providing a legitimate, non-discriminatory reason for not receiving referrals. As the plaintiff failed to present a genuine issue of material fact showing intentional age discrimination, the court granted the defendant's motion for summary judgment, thereby dismissing the ADEA claim.

Age DiscriminationEmployment LawLabor Union LiabilitySummary Judgment MotionFederal Court CaseADEA ClaimJob Referral DiscriminationUnion Grievance ProcessMember ExpulsionDisparate Treatment
References
13
Case No. MISSING
Regular Panel Decision

Strohmeyer v. International Brotherhood of Painters & Allied Trades

Plaintiff Robert Strohmeyer, a 56-year-old male, sued the International Brotherhood of Painters & Allied Trades for age discrimination under the Age Discrimination in Employment Act (ADEA) and New York State Human Rights Law (HRL), and for deprivation of pension benefits under the Employee Retirement Income Security Act (ERISA). He alleged his termination on December 31, 1994, was due to his age and to prevent his pension from vesting. Defendant moved for summary judgment, citing poor performance during financially troubling times as the reason for termination. The court granted summary judgment for the defendant, finding that while Strohmeyer established a prima facie case, he failed to prove that the defendant's stated reasons were a pretext for age discrimination or that the termination was specifically intended to interfere with his pension rights.

Age DiscriminationEmployment TerminationADEAERISAPension BenefitsSummary JudgmentHuman Rights LawPretextWrongful DischargeBurden-Shifting Framework
References
33
Case No. MISSING
Regular Panel Decision

Transit-mix Concrete Corp. v. Local Union No. 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America

Transit-Mix Concrete Corporation and Local Union No. 282, parties to collective bargaining agreements, had a dispute regarding seniority rights of former Colonial Sand and Stone Co. Inc. drivers after Transit-Mix acquired Colonial's assets. An arbitrator's 1979 award on employee seniority was later found by the NLRB and Second Circuit to have been improperly communicated by Local 282, leading to a breach of its duty of fair representation. Consequently, Local 282 was ordered to request reopening the arbitration to provide notice and a retroactive grace period for affected employees. Transit-Mix sought to stay this arbitration, arguing against reopening a final award and raising procedural defenses like statute of limitations and laches. The court, emphasizing the broad arbitration clause in their agreements, denied Transit-Mix's petition to stay and granted Local 282's cross-petition to compel arbitration, deferring the merits and procedural questions to the arbitrator.

ArbitrationCollective Bargaining AgreementSeniority DisputeDuty of Fair RepresentationNLRB OrderLabor-Management DisputesArbitration EnforcementJudicial Review of ArbitrationFederal Labor LawUnion Liability
References
20
Case No. MISSING
Regular Panel Decision

Boss v. International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers & Helpers

In this class action, plaintiffs alleged that the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers breached its duty of fair representation and collective bargaining agreements under the Labor Management Relations Act. Plaintiffs, who are New York residents qualified as 'boilermakers', claimed they were denied employment due to actions of local unions acting as agents of the International. The central issue was whether the International could be held vicariously liable for the local unions' acts based on agency principles. The court reviewed federal case law, particularly emphasizing the 'control' and 'autonomy' of local unions, citing Carbon Fuel Co. v. United Mine Workers. Finding no evidence that the International instigated or ratified the complained-of acts, and noting the locals retained autonomy despite the International being the sole signatory, the court granted the defendant's motion for summary judgment and denied the plaintiffs' motion for class certification.

Labor LawAgency LawDuty of Fair RepresentationCollective Bargaining AgreementsVicarious LiabilitySummary JudgmentClass ActionLocal UnionsInternational UnionsLabor Management Relations Act
References
10
Case No. MISSING
Regular Panel Decision

United Brotherhood of Carpenters Joiners v. Tile Helpers Union Local 88

This case involves the disaffiliation of Tile Finishers Union Local No 88 (old Local 88) from its parent, TMT International Union, to join the Bricklayers. Subsequently, TMT International merged into United Brotherhood of Carpenters and Joiners of American (the Carpenters). The Carpenters, as successor to TMT International, sued the new local (Tile Helpers Union Local 88), a Mortuary Fund, and former officers, seeking damages and asset transfer, claiming old Local 88 improperly transferred assets into a mortuary account to evade forfeiture to TMT International. The court found the Carpenters' attempt to establish a trusteeship over old Local 88 invalid. However, it upheld the validity of establishing the mortuary fund by old Local 88, despite the intention to evade forfeiture, as the local's by-laws implicitly permitted such funds. Claims regarding other asset expenditures and return of books and records were referred to a Magistrate Judge.

DisaffiliationUnion AssetsMortuary FundTrusteeshipLabor-Management Relations ActLabor-Management Reporting and Disclosure ActSummary JudgmentLocal UnionInternational UnionBreach of Contract
References
3
Case No. ADJ8647584
Regular
Jun 07, 2017

Antonio Vargas vs. Darrell Becker, Becker Construction, Ace Private Risk Services, ESIS, Miguel Quintero

The Appeals Board affirmed a WCJ's finding that Antonio Vargas sustained industrial injury to his bilateral wrists while employed as a painter/helper. The Board found no error in admitting Vargas's remote testimony via FaceTime from Mexico, considering his deportation established his unavailability. Testimony from Aida Higuera, mother of Vargas's children, was also deemed admissible to confirm his identity, as the need arose after the pre-trial conference. However, the issue of injury to other body parts was deferred for further proceedings due to insufficient evidence.

Remote TestimonyFaceTimeDue ProcessEvidence Code 240Labor Code 5502(d)(3)Pretrial Conference StatementUnavailabilityPerjuryFederal Rules of Civil ProcedureLabor Code 5710
References
7
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