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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

New York City Transit Authority v. New York State Public Employment Relations Board

The New York City Transit Authority (NYCTA) initiated a CPLR article 78 proceeding to challenge a June 16, 2009, determination by the New York State Public Employment Relations Board (PERB). PERB's determination reversed an earlier administrative law judge's decision, finding that the NYCTA had committed an improper labor practice by unilaterally implementing new standards for off-duty secondary employment without negotiating with the Transport Workers Union of Greater New York, Local 100. PERB directed the NYCTA to make whole certain employees and subsequently filed a cross-petition to enforce its order. The court found that PERB's determination was supported by substantial evidence, noting that an employer's restriction on nonworking time is generally a mandatory subject of negotiations under the Taylor Law. Consequently, the court confirmed PERB's determination, denied the NYCTA's petition, dismissed the proceeding on the merits, and granted PERB's cross-petition for enforcement of its remedial order.

Public EmploymentLabor RelationsCollective BargainingImproper Labor PracticeOff-Duty Secondary EmploymentCivil Service LawTaylor LawJudicial ReviewSubstantial EvidenceAdministrative Law
References
21
Case No. MISSING
Regular Panel Decision

Amalgamated Transit Union v. Newman

This case involves a dissenting opinion regarding a judicial review of a Public Employment Relations Board (PERB) determination. PERB had found the Amalgamated Transit Union, Division 1342 (ATU) condoned a wildcat strike by its members against Niagara Frontier Transit Metro System, Inc. in December 1978, violating the Civil Service Law. The hearing officer's recommendation to dismiss the charge was rejected by PERB. The court's majority annulled PERB's determination. The dissent argues that PERB's findings, based on unauthorized absences of union leaders, their inaction to end the strike before a restraining order, and demonstrated control over the members' return to work, were supported by substantial evidence and should have been upheld.

Wildcat StrikePublic Sector LaborUnion CondonationPERB ReviewAdministrative Decision AnnulmentCivil Service Law ViolationsJudicial ScrutinyStrike LeadershipLabor RelationsPublic Employee Strike
References
7
Case No. MISSING
Regular Panel Decision

Samuelsen v. New York City Transit Authority

The case concerns a dispute between Local 100, Transport Workers Union of Greater New York (the Union) and the New York City Transit Authority (TA) and Manhattan and Bronx Surface Transit Authority (MaBSTOA). The Union challenged a Memorandum of Understanding (MOU) and a consolidation agreement that aimed to merge MaBSTOA and TA surface transit operations, arguing that these agreements violated Public Authorities Law § 1203-a (3) (b). This law prohibits MaBSTOA employees from becoming, 'for any purpose,' employees of the TA, acquiring civil service status, or becoming members of NYCERS. The Union contended that the agreements effectively made MaBSTOA employees into TA employees, thereby violating the statute. The defendants moved to dismiss the complaint, asserting the validity of the agreements and procedural defenses. The motion court initially dismissed the complaint, but the appellate court reversed this decision, agreeing with the Union's interpretation of the statute and finding that the complaint sufficiently alleged a cause of action.

Workers' RightsCollective BargainingStatutory InterpretationPublic Authorities LawCivil ServiceEmployment LawUnion DisputeConsolidation AgreementEmployer LiabilityDismissal Reversal
References
3
Case No. MISSING
Regular Panel Decision
Oct 22, 1993

New York City Transit Authority v. Transport Workers Union

The New York City Transit Authority appealed a Supreme Court judgment that affirmed a Tripartite Arbitration Board's decision. The Board had modified the dismissal sanction for employee Samuel Douglas, who was found guilty of sexual harassment, to a suspension without pay. The Transit Authority argued this modification violated public policy by undermining its efforts to comply with Title VII of the Civil Rights Act of 1964, which aims to prevent sexual harassment in the workplace. However, the appellate court balanced the strong public policy against sexual harassment with the necessity of exercising due restraint in vacating arbitration awards. The court found that the arbitration award was not irrational and that public policy considerations did not prohibit the imposition of a suspension in lieu of a dismissal, especially given Douglas's lack of prior similar misconduct. Therefore, the judgment was affirmed, with costs.

Sexual HarassmentArbitration AwardPublic PolicyEmployer LiabilityEmployee DisciplineSuspensionDismissalCPLR Article 75Title VIIAppellate Review
References
5
Case No. 2017 NY Slip Op 05446 [152 AD3d 530]
Regular Panel Decision
Jul 05, 2017

Matter of Transit Workers Union, Local 100 v. New York City Tr. Auth.

The Appellate Division, Second Department, affirmed a Supreme Court judgment that denied the petition of Transit Workers Union, Local 100, and nonparty Victor Martinez to vacate an arbitration award. The arbitration award upheld the termination of Victor Martinez's employment as a bus driver by the New York City Transit Authority due to an incident. The court found that the arbitration award was rational, supported by evidence, and did not violate strong public policy or exceed the arbitrator's power. The penalty of termination was also deemed not irrational.

Arbitration AwardEmployment TerminationCollective Bargaining AgreementJudicial ReviewAppellate ReviewCPLR Article 75Arbitrator's PowerPublic PolicyBus Driver MisconductRationality Standard
References
7
Case No. 03-01-00195-CV
Regular Panel Decision
Nov 15, 2001

Reliant Energy, Incorporated v. Public Utility Commission of Texas Office of Public Utility Counsel And Steering Committees for the Cities Served by TXU Electric and Central Power and Light Company

This case involves a direct appeal where Reliant Energy, Incorporated (Appellant) challenged the Public Utility Commission of Texas's (the Commission) price-to-beat rules. Reliant argued that these rules failed to ensure an initial fuel factor above market costs and that the Commission erred in excluding Provider of Last Resort (POLR) customers from market share calculations. Additionally, Reliant contended that the Commission's rule 25.41 violated the reasoned justification requirement of the Texas Government Code. The Court of Appeals, Third District, at Austin, upheld the price-to-beat regulations, concluding that the Commission acted within its authorized powers, and its decisions regarding the fuel factor, POLR customers, and reasoned justification were valid and consistent with the legislative intent to balance fostering competition and providing customer rate reductions during the transition to a competitive electricity market.

Electricity MarketDeregulationPublic Utility CommissionPrice-to-Beat RulesFuel FactorRetail Electric ProvidersMarket CompetitionAdministrative LawReasoned JustificationStatutory Interpretation
References
55
Case No. MISSING
Regular Panel Decision

Romaine v. New York City Transit Authority

Petitioners, Local 106 Transport Workers Union and Richard LaManna, initiated a proceeding to prevent the New York City Transit Authority (NYCTA) from mandating track safety training for property protection supervisors. The Supreme Court, Kings County, denied the petition, citing the petitioners' failure to exhaust administrative remedies and asserted Public Employment Relations Board (PERB) jurisdiction over improper labor practice claims. The appellate court reversed this judgment, ruling that the existing collective bargaining agreement was solely between the Union and the nonparty Manhattan and Bronx Surface Transit Operating Authority (MABSTOA), not the NYCTA, making its grievance procedures inapplicable to the NYCTA. Furthermore, the court found that PERB lacked jurisdiction because the NYCTA was not the employer of the supervisors. Consequently, the petition was granted, prohibiting the NYCTA from enforcing mandatory track safety training.

Labor LawCollective Bargaining AgreementAdministrative RemediesPublic Employment Relations BoardProhibition ProceedingTrack Safety TrainingProperty Protection SupervisorsManhattan and Bronx Surface Transit Operating AuthorityNew York City Transit AuthorityExhaustion Doctrine
References
4
Case No. 03-02-00246-CV
Regular Panel Decision
Aug 26, 2004

Reliant Energy, Incorporated Office of Public Utility Counsel And Gulf Coast Coalition of Cities/Magic Valley Electric Cooperative, Inc. Medina Electric Cooperative, Inc. Rayburn Country Electric Cooperative, Inc. And City of Bryan v. Public Utility Commission of Texas Consumer Owned Power Systems City of Houston Texas Industrial Energy Consumers State of Texas And Constellation NewEnergy, Inc./Public Utility Commission of Texas And Reliant Energy, Incorporated

This case concerns appeals from a district court's judgment affirming a Public Utility Commission (PUC) final order that set cost-of-service rates for Reliant Energy, Inc.'s transmission and distribution utility (TDU). Appellants, including Reliant Energy, Office of Public Utility Counsel, and various consumer groups, challenged the PUC's decisions on rate base calculations, return on equity, and operational expenses. The district court had largely affirmed the PUC's order, finding only one aspect to be a prohibited advisory opinion. The Court of Appeals, Third District, At Austin, reversed the district court's judgment regarding the inclusion of $107.3 million for the interconnection of Merchant Plant 4, citing a lack of substantial evidence. In all other respects, the Court of Appeals affirmed the district court's judgment and remanded the Merchant Plant 4 issue to the Commission for further proceedings.

Utility RegulationElectricity RatesPublic Utility CommissionCost-of-ServiceRate BaseReturn on EquityConsolidated Tax SavingsTransmission and Distribution UtilityAppellate ReviewAdministrative Law
References
38
Case No. 02 Civ. 7659(SAS)
Regular Panel Decision
Oct 12, 2004

TRANSPORT WORKERS UNION OF AMERICA, LOCAL 100 v. NYC Transit Auth.

This case involves a dispute between several labor unions and the New York City Transit Authority (NYCTA) and its subsidiary regarding the legality of NYCTA's sick leave policy under the Americans with Disabilities Act (ADA). The unions challenged the policy's medical inquiry requirements, arguing they violated ADA provisions against inquiries that may reveal a disability. The NYCTA justified its policy by citing the need to curb sick leave abuse and ensure workplace and public safety. The court applied the framework established in Conroy v. New York State Department of Correctional Services. It found that curbing sick leave abuse was a legitimate business necessity but only justified the policy for employees on a narrowly-defined "sick leave control list." The court also determined that ensuring safety was a vital business necessity, justifying the policy for safety-sensitive employees, specifically bus operators, but required further factual development for other employee groups. Ultimately, the court issued a declaratory judgment, clarifying the permissible scope of the policy's medical inquiries and rejecting the Authority's defenses of unclean hands and laches.

ADA ComplianceSick Leave PolicyMedical InquiryEmployment DiscriminationBusiness Necessity DefenseWorkplace SafetyPublic SafetyLabor Union LitigationCollective BargainingBus Operator
References
16
Case No. 03-03-00428-CV
Regular Panel Decision
Sep 23, 2005

Cities of Corpus Christi, Appellants//AEP Texas Central Company Public Utility Commission of Texas And Constellation New Energy, Inc. v. Public Utility Commission of Texas and AEP Texas Central Company, Appellees//Public Utility Commission of Texas Cities of Corpus Christi Office of Public Utility Counsel And Constellation NewEnergy, Inc.

This dissenting opinion addresses an appeal regarding the Public Utility Commission's authority to order AEP Texas Central Company to refund excess earnings from accelerated recovery of stranded costs. The dissenting Justice agrees with the majority on affirming the Commission's decisions concerning member account balances and demand charges. However, the dissent strongly contends that the Commission possessed the authority to mandate these refunds prior to 2004, arguing the statutory scheme was ambiguous and the Commission's action was a reasonable interpretation consistent with its duties to promote fair competition and prevent overrecovery. The dissent highlights that the majority's interpretation may lead to absurd results by limiting the Commission's ability to correct overrecovery while allowing it to address underrecovery.

Electricity DeregulationStranded CostsUtility RegulationPublic Utility CommissionRegulatory AuthorityExcess EarningsRefundsCompetitive MarketTexas Utility CodeAdministrative Law
References
12
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