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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

In re the Arbitration between Dalcro Corp. & International Ladies' Garment Workers' Union

Three applications were submitted to the court regarding an arbitration clause in a collective bargaining agreement. Employer Dalcro Corp. moved to stay arbitration and to vacate an arbitrator's award, while the Union moved to confirm the award. The dispute arose from an alleged oral modification of wage rates. Dalcro claimed the arbitration agreement was invalid, there was no arbitrable issue, and the National Labor Relations Board had pre-empted jurisdiction. The court denied Dalcro's application for a stay, finding that Dalcro had participated in the arbitration proceedings. However, the court granted Dalcro's application to vacate the arbitrator's award because the arbitrator failed to adjourn the hearing as mandated by Civil Practice Act § 1458 after being served with a motion for a stay. Consequently, the Union's application to confirm the award was denied, and a rehearing before the arbitrator was directed.

Arbitration AgreementCollective BargainingUnfair Labor PracticeNational Labor Relations BoardArbitration StayVacate Arbitration AwardConfirm Arbitration AwardDue ProcessJudicial Review of ArbitrationLabor Law
References
17
Case No. MISSING
Regular Panel Decision

Nassau Chapter of Civil Service Employees Ass'n v. County of Nassau

This case involves an appeal concerning the commencement of county service for employees initially hired under the Comprehensive Employment and Training Act (CETA) for purposes of a collective bargaining agreement between the Nassau Chapter of the Civil Service Employees Association, Inc. (plaintiff) and the County of Nassau (defendant). The plaintiff sought to include CETA employment prior to December 31, 1976, as commencement of county service under 'Plan A' of the agreement. The defendant appealed a Supreme Court judgment that had initially granted this relief. The appellate court reversed the judgment, holding that CETA employment, despite county supervision, should not be considered the commencement of county service for employment agreement purposes due to its temporary nature. The court concluded that service should only be deemed to begin when a position is obtained under Civil Service Law procedures. Consequently, CETA employees hired by the county after December 31, 1976, are excluded from Plan A, regardless of prior CETA service.

CETA EmploymentCivil Service LawCollective Bargaining AgreementCounty Service CommencementTemporary EmploymentIncremental Salary PlanPublic Sector EmploymentEmployee Benefits EligibilityAppellate DivisionNassau County
References
4
Case No. 73 Civ. 3058
Regular Panel Decision

Patterson v. Newspaper & Mail Deliverers' Union

This opinion and order addresses a long-standing civil rights action concerning alleged discrimination against minorities in the newspaper delivery industry by the Newspaper and Mail Deliverers’ Union (NMDU) and various publishers. The court reviews and affirms a determination by Administrator William S. Ellis regarding “Claim 186,” which involved violations of a 1974 Consent Decree, specifically concerning hiring procedures for Group III shapers at The New York Times. The Administrator found that the Times and NMDU violated the Settlement Agreement by unilaterally deviating from a 3/2 minority hiring ratio, implementing discriminatory application procedures, and engaging in intentional racial discrimination in offlist hiring and Group III list placement. The court also affirms the Administrator's conclusions that certain non-minority intervenors lacked standing and that back pay and attorneys' fees are appropriate remedies under the Settlement Agreement, which is deemed compliant with Title VII. The case is remanded to the Administrator for further evidentiary hearings to determine specific back pay amounts and the relative liability of The Times and the NMDU.

Employment DiscriminationAffirmative ActionConsent DecreeTitle VIIRacial DiscriminationHiring PracticesUnion PracticesAdministrator ReviewBack PayAttorneys' Fees
References
7
Case No. MISSING
Regular Panel Decision

In Re Southern Electronics Co., Inc.

The debtor, Southern Electronics Company, Inc., filed for Chapter 11 bankruptcy and proposed to reject its collective bargaining agreement with the Communications Workers of America (CWA). The debtor argued that the seniority provisions of the agreement protected unproductive employees, contributing to financial losses. The court reviewed legal standards for rejecting such agreements, opting for a 'balancing of the equities' test. Despite concerns about the debtor's intransigence and lack of documentation for employee unproductivity, the court found the agreement burdensome due to potential arbitration costs and critical need for reorganization funds contingent on rejection. Ultimately, the court permitted the rejection of the agreement and confirmed the debtor's plan of reorganization, prioritizing the continuation of the business and the interests of current employees and unsecured creditors over the perpetuation of the collective bargaining agreement.

BankruptcyChapter 11Collective Bargaining AgreementContract RejectionLabor LawDebtor in PossessionSeniority ClauseUnfair Labor PracticeReorganization PlanEquities Balancing Test
References
14
Case No. MISSING
Regular Panel Decision

In re Arbitration between Arthur Murray, Inc. & Ricciardi

Justice Froessel dissents, advocating for the modification of the lower court's order. The petitioner seeks to stay arbitration concerning a dispute stemming from nine identical franchise agreements. Justice Froessel argues that the clear language of these agreements, coupled with the absence of a clause preventing unreasonable withholding of consent and the specific nature of the agreements, grants the petitioner the right to refuse consent to their assignment, citing several cases including Allhusen v. Caristo Constr. Corp. The dissenting opinion also asserts that the rule of good faith does not apply in this context. Consequently, it is argued that the portion of the dispute related to damages from the arbitrary withholding of consent to assignments is not arbitrable. Therefore, the orders of the court below should be modified to grant the petitioner's application to stay arbitration regarding the damages claim arising from the refusal to consent to the assignment of franchise agreements; otherwise, affirmed.

arbitration stayfranchise agreementsassignment of contractsconsent withholdingcontract interpretationgood faith rulenon-arbitrable claimsappellate reviewdissenting opinioncontractual rights
References
12
Case No. MISSING
Regular Panel Decision
Mar 19, 2002

Claim of Estate of Lutz v. Lakeside Beikirk Nursing Home

The case involves an appeal by a claimant from two Workers' Compensation Board decisions concerning a waiver agreement. The decedent, Beverly Lutz, her employer, and carrier had a proposed settlement agreement that was filed but not yet approved when she died. The Board, through Commissioner Tremiti, refused to honor the agreement after the carrier and Special Funds withdrew their consent. Although an approval notice was mistakenly issued, the Board later corrected it, ruling the agreement was never approved. The appellate court affirmed the Board's decision, holding that the Board had continuing jurisdiction to correct its error and that the withdrawal of consent by the carrier and Special Funds justified the disapproval of the agreement.

Workers' CompensationSettlement AgreementWaiver AgreementDeath BenefitsBoard ReviewJurisdictionConsent WithdrawalStatutory InterpretationRegulation ValidityAppellate Review
References
11
Case No. MISSING
Regular Panel Decision
Oct 31, 2013

Gottlieb v. Gottlieb

This dissenting opinion addresses an appeal and cross-appeal concerning the enforceability of a prenuptial agreement between a wealthy plaintiff (husband) and a defendant (wife). The defendant challenged the agreement, alleging overreaching and manifest unfairness during negotiations, while the plaintiff sought its enforcement. Although the motion court granted a trial on the maintenance waiver, it dismissed other counterclaims. Justice Feinman's dissent argues that summary judgment should be denied for all counterclaims, emphasizing the need for a full trial to assess the credibility of the parties and resolve material factual disputes regarding the plaintiff's conduct during negotiations and the agreement's potentially unfair terms, particularly highlighting the distinct legal standard of 'manifest unfairness' in marital agreements.

prenuptial agreementmarital agreementsummary judgmentunconscionabilitymanifest unfairnessoverreachingfiduciary dutyequitable distributionspousal maintenance waiverproperty distribution
References
46
Case No. MISSING
Regular Panel Decision
Aug 01, 2006

In Re Northwest Airlines Corp.

Northwest Airlines Corporation and its affiliates (Debtors) filed a motion under § 1113 of the Bankruptcy Code to reject a collective bargaining agreement with the Professional Flight Attendants Association (PFAA) after PFAA's membership failed to ratify a negotiated agreement. The Bankruptcy Court, presided over by Judge Allan L. Gropper, found that the rejection was necessary for the Debtors' reorganization. The court also determined that PFAA rejected the Debtors' proposal without good cause and that the balance of equities clearly favored rejection. Consequently, the court authorized the Debtors to reject the agreement and implement new terms, specifically those of the March 1 Agreement, with a fourteen-day stay to allow for further negotiation. This decision aims to facilitate the airline's financial restructuring and emergence from Chapter 11.

Bankruptcy LawCollective BargainingAirline ReorganizationLabor DisputeSection 1113 MotionUnion NegotiationsFlight AttendantsWage ConcessionsWork Rule ChangesGood Cause Standard
References
22
Case No. E2009-01497-COA-R3-CV
Regular Panel Decision
Jul 20, 2010

Berkeley Park Homeowners Association, Inc. v. John Tabor

Berkeley Park Homeowners Association and Southern Traditions Partners (collectively Berkeley Park) initiated contempt proceedings against John Tabor and Tabor Construction, Inc. (collectively Tabor) to enforce a 2006 mediated settlement agreement. Berkeley Park alleged multiple violations of the agreement regarding house construction in a subdivision, while Tabor argued a new 2007 agreement superseded the prior one. The trial court sided with Berkeley Park, finding no superseding agreement and holding Tabor in violation of the original agreement, awarding damages and attorney's fees. On appeal, the Court of Appeals affirmed the trial court's decision, concluding that the evidence supported the findings that no new agreement was formed, Tabor breached the mediated settlement, Berkeley Park acted reasonably, and the award of fees was appropriate. The case involved disputes over architectural approvals, material submissions, payment of dues, hiring a licensed architect, and landscaping plans.

real estate disputehomeowners associationconstruction lawbreach of contractmediated settlementcontempt proceedingsinjunctive reliefproperty covenantsarchitectural controlattorney's fees
References
20
Case No. MISSING
Regular Panel Decision

Civil Service Forum v. New York City Transit Authority

This case involves an appeal concerning the legality of an agreement made by the New York City Transit Authority (Authority) with the Transport Workers Union of America (TWU) and Amalgamated Association (Amalgamated), granting them exclusive collective bargaining rights for hourly paid employees. The Civil Service Forum, a labor union, and its members, employees of the Authority, initiated a declaratory judgment action, arguing that these exclusive rights were unconstitutional and discriminatory. The Special Term initially granted the Authority and TWU's motions to dismiss the complaint. However, the appellate court reversed this decision, finding that the Authority had the power under the Public Authorities Law to enter into such agreements. The court clarified that the agreement, while granting exclusive representation in grievance processing, still preserved individual employees' rights to present grievances and did not compel union membership. Ultimately, the court directed a declaratory judgment affirming the validity of the Authority's resolutions, election, agreements, and policy statements.

Labor LawCollective BargainingPublic AuthoritiesDeclaratory JudgmentConstitutional RightsDue ProcessEqual ProtectionGrievance ProceduresExclusive RepresentationTransit Authority
References
23
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