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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

What Happened in Felix vs. Weber Metals Reconsideration?

The plaintiff, a motorman, sought an injunction against the Interborough Rapid Transit Company and the Transport Workers Union of America to prevent the enforcement of a contract provision from November 28, 1939. This provision, which attempted to determine seniority rights through a referendum, was challenged because it unfairly stripped the plaintiffs of their superior seniority, previously established and reaffirmed by a 1937 contract. The referendum was designed to benefit a specific class of employees (former strikers/switchmen) by allowing only them to vote, thereby granting them seniority over long-term motormen. Judge Cotillo found the referendum to be an unlawful means to negate the plaintiff's contractual rights, particularly without any corresponding benefit to them. Consequently, the court ordered the enforcement of the referendum results to be restrained and scheduled the case for trial.

Seniority RightsLabor Union ContractInjunction ActionReferendum ValidityContractual RightsEmployee GrievanceWorkers' RightsTrade Union DisputeEmployment LawCollective Bargaining
References
3
Case No. KP-0488
Regular Panel Decision
Mar 05, 2025

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

Section 3 of Senate Bill 763 directs school boards and charter governing bodies to vote on whether to authorize employee or volunteer chaplains. The Attorney General clarifies that the term “chaplain” refers to an official, substantive position within the educational institution, implying specific chaplain-related support, services, and programs. Therefore, resolutions that acknowledge a policy’s silence on chaplains for “any position” or allow chaplains for “any open position” are noncompliant. Compliance requires a vote specifically authorizing hiring for “a school chaplain position,” aligning with the legislation’s intent for a designated role.

School LawChaplaincySenate Bill 763Texas Education CodeStatutory InterpretationSchool BoardsCharter SchoolsEmployee ChaplainsVolunteer ChaplainsReligious Services
References
18
Case No. Nos. 56, 57 & 58
Regular Panel Decision
May 19, 2023

What Did the WCAB Decide in Cuadra vs. Community Home Care?

These three appeals involve challenges to Local Law No. 9-2014, adopted by the Town Board of the Town of Clarkstown in 2014, which purports to set an eight-year term limit for all Clarkstown elected officials and requires a supermajority vote of the Town Board to repeal. These actions were brought seeking a determination that the law is invalid because it was never subject to a referendum of the Town’s voters. Appellants contended that the challenge was time-barred. The court disagreed, holding that a local law requiring a mandatory referendum that was not held lacks operative effect and cannot become operative through the mere passage of time. The Court of Appeals affirmed the Appellate Division's order, concluding that Local Law No. 9-2014 has no legal force or effect.

Election LawTerm LimitsMandatory ReferendumLocal LawMunicipal Home RuleValidity of LawStatute of LimitationsAppellate ProcedureCourt of AppealsClarkstown
References
5
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

This case involves an action brought by members of Local 100 of the Transport Workers Union to enjoin a ratification vote on a collective bargaining agreement and to direct its resubmission to the executive board. The dispute arose from a 22-22 tie vote by the executive board on a fact-finding panel's proposals to end an 11-day work stoppage, after which the president declared the strike terminated and the offer submitted for general membership ratification. Plaintiffs contended the president's actions violated union by-laws, particularly regarding the need for executive board approval and the president's voting conduct. The court found that the absent executive board member's absence was his own doing and that the by-laws do not preclude the chair's right to vote. The court also determined that the executive board's tie vote, coupled with the illegal nature of the strike under the Taylor Law, did not constitute a violation of by-laws preventing a membership vote. The court ultimately ruled in favor of the defendant union, dismissing the complaint.

Union disputeCollective bargaining agreementRatification voteExecutive boardTie voteUnion by-lawsStrike terminationTaylor LawInternal remediesPresident's authority
References
12
Case No. 13-07-00704-CV
Regular Panel Decision
Feb 07, 2008

Can a WCJ Be Disqualified for Appearance of Bias?

Appellants Arturo Gonzalez and Esperanza Ochoa appealed a trial court's order voiding an election and ordering a new one for the La Joya Independent School District board of trustees. The trial court found that illegal votes were counted, legal votes were not counted, and election officials engaged in fraud, illegal conduct, and mistakes, materially affecting the election outcome. Appellants argued the evidence was legally insufficient. The appellate court affirmed the trial court's judgment, finding sufficient evidence of 77 illegal votes and 436 unascertainable votes due to procedural errors, exceeding the 322 and 403 vote margins of victory. This rendered the true outcome of the election impossible to determine.

Election ContestVoter IrregularitiesElection FraudIllegal VotesVoter EligibilityElection Officials MisconductAbuse of DiscretionLegal Sufficiency ReviewClear and Convincing EvidenceTexas Election Code
References
22
Case No. 13-07704-CV
Regular Panel Decision
Jan 22, 2008

What Were the Key Rulings in Torrez vs. SuperShuttle?

This case is an accelerated appeal concerning an election contest for the La Joya Independent School District board of trustees. Appellants, Arturo Gonzalez and Esperanza Ochoa, challenged the trial court's order voiding the election due to alleged irregularities and fraud. The trial court found clear and convincing evidence of illegal votes, failure to count legal votes, and misconduct by election judges, materially affecting the election outcome. The appellate court affirmed the trial court's decision, finding sufficient evidence that 77 illegal votes were cast and 436 votes were unascertainable due to election clerk mistakes, which exceeded the victory margins of 322 and 403 votes respectively. The appellate court found no abuse of discretion by the trial court in declaring the election void.

Election ContestVoter FraudElection IrregularitiesIllegal VotesVoting EligibilityElection OfficialsAbuse of DiscretionClear and Convincing EvidenceAppellate ReviewTrial Court Judgment
References
23
Case No. docket no. 1339
Regular Panel Decision
May 02, 2017

Why Was Removal Denied in Rush vs. California Correctional Institution?

This Amended Order addresses Plaintiffs' claims against Texas's 2011 congressional redistricting plan (Plan C185), focusing on Voting Rights Act (§ 2) and Fourteenth Amendment violations. The Court found that the configurations of districts CD23, CD27, and CD35 in South/West Texas were invalid due to intentional vote dilution and Shaw-type racial gerrymandering. In the Dallas-Fort Worth (DFW) area, the Court also found intentional vote dilution through packing and cracking of minority voters, and a Shaw-type racial gerrymandering claim for CD26. However, claims for additional compact minority districts in DFW and Houston under § 2 results claims were denied, as were intentional vote dilution claims in the Houston area and claims from African-American Congresspersons. The decision highlights ongoing issues in balancing partisan redistricting with the protection of minority voting rights.

RedistrictingVoting Rights ActFourteenth AmendmentEqual Protection ClauseVote DilutionRacial GerrymanderingShaw-type ClaimsIntentional DiscriminationCompactnessMinority Opportunity Districts
References
55
Case No. MISSING
Regular Panel Decision

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Plaintiffs, black citizens of Chattanooga, Tennessee, challenged the city's system for electing its Board of Commissioners, alleging violations of the Voting Rights Act (VRA) and the United States Constitution. They claimed the at-large election system diluted black voting strength and that a state statute and city charter provision allowing nonresident property owners to vote violated their constitutional rights. The court concluded that Chattanooga's method of electing commissioners violated Section 2 of the VRA, finding it was adopted with discriminatory purpose and continued to have discriminatory effects. Additionally, the court found that Section 5.1 of the Chattanooga city charter, permitting nonresident property-qualified voting without a substantial interest limitation, violated the Equal Protection Clause of the Fourteenth Amendment. The court granted declaratory and injunctive relief, ordering defendants to submit a compliant electoral plan within 75 days and enjoining future elections under the current charter and property-qualified voting system.

Voting Rights ActFourteenth AmendmentElectoral SystemVote DilutionRacial DiscriminationAt-Large ElectionsProperty QualificationsInjunctive ReliefDeclaratory ReliefPolitical Cohesiveness
References
36
Case No. MISSING
Regular Panel Decision
Feb 09, 2011

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

Plaintiffs, including the Conservative, Working Families, and Taxpayers Parties, challenged New York Election Law § 9-112(4) and 9 N.Y.C.R.R. § 6210.13(A)(7), which govern "double-voting," under 42 U.S.C. § 1983. They alleged that the policy of crediting double-votes solely to the 'first' party on the ballot, typically a major party, violates their First and Fourteenth Amendment rights by imposing severe burdens on minor parties' ballot access, placement, fundraising capabilities, and the accurate counting of votes. This issue gained significance with the transition to optical scanner voting machines that allow double-voting. Defendants, Commissioners of the New York State Board of Elections, sought to dismiss the complaint, citing lack of capacity and standing, and failure to state a claim. The Court denied the motion, finding that the plaintiffs had adequately alleged severe constitutional burdens and that the State had not demonstrated its policy was the least restrictive means.

Election LawVoting RightsFirst AmendmentFourteenth AmendmentEqual ProtectionPolitical PartiesMinor PartiesDouble-VotingBallot AccessMotion to Dismiss
References
11
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

The National Association of Basketball Referees (NABR) brought a consolidated action against three of its union members, Mathis, Middleton, and Nies, to collect a special assessment. This assessment was levied following a union-wide referendum to cover a $510,000 legal settlement from previous lawsuits against the union. The defendants failed to pay, arguing the assessment vote was invalid due to a lack of a secret ballot and that internal union remedies were not exhausted. The court found no evidence to support the defendants' claims regarding ballot secrecy and determined that no applicable internal union procedures existed for this dispute. Consequently, the court granted summary judgment in favor of the NABR and denied the defendants' motion to dismiss.

Union disputeSpecial assessmentSummary judgmentInternal union remediesLabor Management Relations ActSecret ballotFederal jurisdictionContract violationUnion constitutionReferendum
References
12
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