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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Williams v. AGK Communications, Inc.

The court addresses whether severance pay for an executive constitutes 'wages' under New York Labor Law for purposes of awarding attorney's fees and liquidated damages. Following a nonjury trial, plaintiff James K. Williams was awarded $25,000 in severance pay from defendant WAQX. Williams then sought additional remedies under Labor Law § 198 (1-a), arguing his salary fell within the definition of wages. The court distinguished between 'wages' for manual labor and 'salary' for higher-level employment, referencing the historical 'Stryker' distinction and definitions within Labor Law §§ 190 and 191. Concluding that Williams, as an executive, received salary and not wages, the court determined he was not covered by Article 6 of the Labor Law. Consequently, Williams' motion for attorney's fees and liquidated damages was denied.

Severance PayWage ClaimSalary DefinitionLabor Law InterpretationExecutive CompensationAttorney's FeesLiquidated DamagesEmployment ContractManagerial RoleStatutory Construction
References
9
Case No. 2018 NY Slip Op 04944 [162 AD3d 1777]
Regular Panel Decision
Jun 29, 2018

Matter of Town of Tonawanda (Town of Tonawanda Salaried Workers Assn.)

This case involves an arbitration matter between the Town of Tonawanda, as Respondent, and the Town of Tonawanda Salaried Workers Association, as Appellants. The Appellants' motion for leave to appeal to the Court of Appeals was denied by the Appellate Division, Fourth Department. The decision was rendered on June 29, 2018.

ArbitrationMotion to appealLeave to appealDenialAppellate practiceLabor lawPublic employmentCollective bargainingFourth DepartmentCourt of Appeals (denied)
References
2
Case No. MISSING
Regular Panel Decision

Local 323 v. International Union of Electronic, Electrical, Salaried, MacHine & Furniture Workers

Plaintiffs, Local 323 and its officers, initiated a lawsuit against the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers (IUE). They alleged that the IUE unlawfully denied Local 323's right to disaffiliate, claiming the IUE amended its constitution to obstruct disaffiliation and breached its own rules in denying their application. Plaintiffs sought judicial enforcement of disaffiliation, retention of assets, an injunction, and damages. The defendant moved to dismiss the complaint, asserting various defenses, including the plaintiffs' failure to exhaust internal union remedies. The court ultimately granted the defendant's motion, concluding that Local 323 had not exhausted its available administrative remedies within the union, a prerequisite for pursuing the claims in federal court, given the internal nature of the dispute.

Union DisaffiliationLabor LawLMRALMRDAExhaustion of Administrative RemediesInternal Union DisputeMotion to DismissBreach of ContractFederal Court JurisdictionUnion Constitution
References
14
Case No. MISSING
Regular Panel Decision
Apr 20, 1992

Town of Newburgh v. Civil Service Employees Ass'n

This case involves an appeal concerning an arbitration award related to a collective bargaining agreement. The petitioner sought to vacate an arbitrator's award that mandated salary increases for incumbent typist employees to match a new hire's salary rate. The respondent, Civil Service Employees Association, cross-petitioned to confirm the award. The Supreme Court denied the petition and confirmed the award. On appeal, the judgment was modified; the appellate court vacated the portion of the arbitration award concerning the specific salary increase and remitted the matter to the arbitrator. The court affirmed that the timeliness of a grievance is an arbitrator's domain but found the arbitrator exceeded authority by fashioning a remedy outside the collective bargaining agreement's explicit limitations. The case was remitted for a modified award consistent with the agreement's terms.

Arbitration AwardCollective Bargaining AgreementSalary DisputeExceeding AuthorityProcedural TimelinessJudicial ReviewContractual LimitationsGrievance ProcedureTypist SalariesAppellate Review
References
14
Case No. MISSING
Regular Panel Decision

Greece Support Service Employees Ass'n v. Public Employment Relations Board

This case concerns an appeal regarding the proper application of Civil Service Law § 209-a (1) (e) to salary provisions in an expired collective bargaining agreement between an unnamed petitioner and the Greece Central School District. The agreement, from July 1992 to June 1995, included cost-of-living adjustments for salary schedules during its term. After the agreement expired, the District continued existing salary schedules but ceased further cost-of-living adjustments for 1995-1996, prompting the petitioner to file an improper practice charge. The Public Employment Relations Board (PERB) reversed an Administrative Law Judge's decision, concluding that the agreement did not mandate continued cost-of-living adjustments post-expiration. The Supreme Court dismissed the petitioner's subsequent CPLR article 78 petition seeking annulment of PERB's determination. The Appellate Division affirmed the Supreme Court's judgment, deferring to PERB's expertise and finding its interpretation that the adjustments were limited to the agreement's term to be reasonable and legally permissible.

Collective Bargaining AgreementSalary AdjustmentCost-of-Living AdjustmentPublic EmployerImproper Practice ChargeCivil Service LawPublic Employment Relations BoardJudicial ReviewCPLR Article 78Statutory Interpretation
References
6
Case No. MISSING
Regular Panel Decision

Phaneuf v. City of Plattsburgh

This case concerns a motion for summary judgment regarding a former City of Plattsburgh fireman who was injured in 1965 and received full salary under General Municipal Law § 207-a until his retirement in 1973 without performing duties. The plaintiff sought compensation for accumulated sick leave, vacation time, and overtime pay, asserting these were entitlements under a union contract and the Administrative Code. The court analyzed whether "regular salary or wages" in GML § 207-a encompassed such benefits, concluding that the Labor Law definitions cited by the plaintiff were inapplicable to governmental agencies. The ruling interpreted GML § 207-a as a guaranteed full annual wage benefit for disabled firemen, not extending to additional cash payments for unused leave. Consequently, the court found judgment for the defendant, allowing only compensation for leave earned prior to the disability.

Summary JudgmentPublic Employee BenefitsGeneral Municipal LawLabor LawDisability CompensationSick LeaveVacation TimeOvertime PayStatutory InterpretationMunicipal Law
References
1
Case No. MISSING
Regular Panel Decision

Poupard v. Mohonasen Central School District

The claimant, a librarian, sustained an employment-related injury. Following her injury, she received full salary for 27 weeks under a collective bargaining agreement, and then used 23 days of accumulated sick leave. The employer sought reimbursement for these advance payments. The referee and the Workers’ Compensation Board initially granted the full reimbursement. On appeal, the court modified the decision, holding that wages paid from accumulated sick leave, acquired through a collective bargaining agreement, are compulsory payments and thus not reimbursable under Workers’ Compensation Law § 25 (subd 4, par [a]). The matter was remitted for further proceedings consistent with this ruling, with costs awarded to the claimant.

Workers' CompensationReimbursementSick LeaveCollective Bargaining AgreementAdvance PaymentsOccupational DisabilityStatutory LimitationsAppellate ReviewEmployment InjuryReferee Decision
References
5
Case No. MISSING
Regular Panel Decision

Waldstreicher v. Michaelian

This is an Article 78 proceeding initiated by social workers in Westchester County seeking a salary increase as per Social Welfare Law § 79-a for those with suitable graduate training. The county interposed several affirmative defenses, including claims of unconstitutionality, infringement on home rule, and the existence of an alternative incentive plan. The court rejected the county's arguments, affirming the Legislature's power to amend the Civil Service Law and ruling that the matter was of state concern, thus not violating home rule. It also determined that the State Department of Social Welfare's failure to promulgate regulations did not deny qualified persons their benefits, and that local department approval of graduate training was appropriate. The court found the county's purported alternative plan to be invalid due to a lack of state approval. Ultimately, the court granted relief to employees who have completed the necessary graduate training, with a provision for further hearing if individual eligibility issues arise.

Article 78 ProceedingSalary IncreaseSocial Welfare LawCivil Service LawHome RuleGraduate TrainingPublic EmployeesStatutory InterpretationConstitutional LawWestchester County
References
4
Case No. MISSING
Regular Panel Decision

Local 450 v. International Union of Electronic, Electrical, Salaried, MacHine & Furniture Workers, AFL—CIO

This case addresses a dispute between Local 450 and the International Union of Electrical, Salaried, Machine and Furniture Workers (IUE) concerning the IUE's attempts to impose a trusteeship and force a merger of Local 450 with other local unions. Local 450 had voted to disaffiliate from the IUE, leading to the International's intervention. The court examined the IUE's constitution and historical practices, concluding that there was no express prohibition on local unions disaffiliating and that the IUE's actions regarding the trusteeship and merger were not in conformity with its own constitutional requirements. Consequently, the court granted Local 450's cross-motion for a preliminary injunction, preventing the IUE from interfering with Local 450's leadership, administration, and assets, and denied the defendants' motion for a preliminary injunction.

Union DisaffiliationLabor LawUnion TrusteeshipUnion MergerLocal Union AutonomyPreliminary InjunctionLabor Management Reporting and Disclosure ActUnion ConstitutionCollective BargainingIndustrial Relations
References
22
Case No. MISSING
Regular Panel Decision
Feb 25, 2013

Prewitt v. Continental Automotive

The case concerns Plaintiff Larry W. Prewitt, Sr.'s employment discrimination and retaliation lawsuit against Defendant Continental Automotive. The court granted Defendant's motion for partial dismissal, ruling that claims stemming from Plaintiff's first two EEOC charges were time-barred. Plaintiff's claims for racial discrimination were dismissed without prejudice due to a lack of sufficient factual allegations. However, the court found Plaintiff's retaliation claims, related to filing EEOC charges, were adequately pleaded and allowed them to proceed. Defendant's motion for a more definite statement was denied as moot.

Employment DiscriminationRetaliation ClaimMotion to DismissMotion for More Definite StatementEEOC ChargesTime-Barred ClaimsPleading StandardsFederal Civil ProcedureTitle VIIAmericans with Disabilities Act
References
74
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