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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

Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension & Welfare Funds v. Allied Design & Construction, LLC

Petitioners, Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds, initiated an action to confirm an arbitration award against Allied Design & Construction, LLC. Allied, bound by a collective bargaining agreement, failed to undergo a payroll audit, leading the Funds to estimate a substantial deficiency in contributions. An arbitrator subsequently awarded the Funds $239,901.47, covering the estimated deficiency, interest, liquidated damages, and various fees. The Funds then sought to have this award confirmed by the District Court and requested additional attorneys' fees and costs incurred during the confirmation process. The District Court granted the petitioners' motions, confirming the arbitration award and ordering Allied to pay an additional $737.50 in attorneys' fees and costs.

Arbitration ConfirmationCollective BargainingDelinquent ContributionsAttorney Fees AwardCourt CostsLabor Management Relations ActFederal Arbitration ActSummary Judgment StandardLodestar CalculationUnion Welfare Funds
References
39
Case No. 06 Civ. 6377(WHP)
Regular Panel Decision
May 29, 2009

New York District Council of Carpenters Pension Fund v. Perimeter Interiors, Inc.

This Memorandum & Order addresses defendants' objections to a Magistrate Judge's Report and Recommendation on damages for unpaid fringe benefit contributions under ERISA and LMRA. Plaintiffs, various Carpenters Benefit Funds, had previously secured summary judgment against Perimeter Interiors and its president, Susan Reidy, for operating a secret bank account to evade contributions. The Magistrate Judge recommended a total award of $2,508,324.84. The District Court adopted the report, affirming findings of covered work, the alter ego status of Perimeter and Speedy Enterprises, and the awards for attorney's and auditor's fees, with a minor correction to principal damages. The Court denied defendants' objections, directing entry of judgment in favor of the plaintiffs for the full recommended amount.

ERISALMRAEmployee BenefitsFringe Benefit ContributionsSummary JudgmentDamages InquestMagistrate Judge ReportObjections DeniedAlter Ego DoctrineUnpaid Contributions
References
29
Case No. 81 C 2521
Regular Panel Decision
Dec 09, 1981

Mandaglio v. UNITED BROTH. OF CARPENTERS, ETC.

Plaintiffs Dominick Mandaglio and Charles Ferrera, former members of the United Brotherhood of Carpenters and Joiners of America, sued the union entities and several individuals after being removed from their positions and membership. They alleged violations of the Labor-Management Reporting Disclosure Act, 29 U.S.C. §§ 411(a) and 529, claiming procedural improprieties during internal union trials and a conspiracy among defendants. Defendants William Konyha and William Sidell, out-of-state residents, moved to dismiss the action against them for want of personal jurisdiction in New York. The court examined New York's long-arm statute, CPLR § 302(a)(2) and (3), to determine if jurisdiction could be established. Finding no prima facie factual showing of conspiracy or substantial New York contacts for Konyha and Sidell, the court granted their motion and dismissed them from the action.

Labor-Management Reporting Disclosure ActUnion MembershipRemoval from OfficePersonal JurisdictionConspiracyExtraterritorial JurisdictionNew York Long-Arm StatuteSummary DismissalDue ProcessInternal Union Procedures
References
8
Case No. 2020 NY Slip Op 03163 [184 AD3d 931]
Regular Panel Decision
Jun 04, 2020

Matter of Skytown Entertainment, LLC (Commissioner of Labor)

SkyTown Entertainment, LLC, a video and film production company, appealed a decision by the Unemployment Insurance Appeal Board. The Board ruled that SkyTown was liable for additional contributions for 14 individuals it considered independent contractors, but the Department of Labor and the Board deemed statutory employees under Labor Law § 511 (1) (b) (1-a). SkyTown argued against this classification, but the court found that the individuals were engaged in artistic endeavors requiring skill and expertise, thus supporting the Board's finding of statutory employment. Furthermore, SkyTown did not enter into written contracts stipulating these individuals as employees of another employer, nor could it rebut the statutory presumption of employment using common-law tests. The Appellate Division, Third Department, affirmed the Board's decision.

Unemployment InsuranceIndependent ContractorStatutory EmployeeLabor LawFilm ProductionVideo ProductionPerforming ArtsEmployer-Employee RelationshipAppellate ReviewUnemployment Insurance Appeal Board
References
4
Case No. 2018 NY Slip Op 00210 [157 AD3d 1093]
Regular Panel Decision
Jan 11, 2018

Matter of Minefee (United Stas. Radio Networks, Inc.--Commissioner of Labor)

This case concerns Delance Minefee's claim for unemployment insurance benefits. The Unemployment Insurance Appeal Board determined that United Stations Radio Networks, Inc. was liable for contributions, ruling that 'callers' were statutory employees under Labor Law § 511 (1) (b) (1-a) as persons engaged in the performing arts. The Appellate Division, Third Department, reversed this decision. The court found the Board's interpretation of the statute irrational, clarifying that the individual's services, not the overall artistic endeavor, must require artistic or technical skill. As the callers' services lacked such skill, the statutory presumption of employment was not met. The matter was remitted to the Board to assess whether a common-law employer-employee relationship existed.

Unemployment InsuranceEmployer-Employee RelationshipPerforming ArtsStatutory EmployeeLabor Law InterpretationAppellate DivisionReversed and RemittedRadio BroadcastingArtistic SkillTechnical Skill
References
2
Case No. CA 16-00663
Regular Panel Decision
Feb 10, 2017

INTERNATIONAL UNION (DISTRICT) v. NEW YORK STATE DEPT. OF LABOR

This case involves an appeal concerning the interpretation of Labor Law § 220 (3-e) in New York, specifically regarding the prevailing wage for glazier apprentices on public works projects. Plaintiffs, a consortium of unions, individuals, and businesses, challenged the New York State Department of Labor's (DOL) interpretation that glazier apprentices performing work classified for another trade (like ironworkers) must be paid at the journeyman rate for that other trade. The Supreme Court initially dismissed the plaintiffs' complaint, upholding the DOL's position. However, the Appellate Division reversed this decision, ruling that Labor Law § 220 (3-e) permits glazier apprentices registered in a bona fide program to be paid apprentice rates, irrespective of whether the work performed falls under a different trade classification. The court concluded that the DOL's interpretation was contrary to the plain meaning of the statute and thus not entitled to deference.

Apprenticeship ProgramsLabor LawPublic Works ProjectsGlaziersIronworkersPrevailing WageStatutory InterpretationNew York State Department of LaborDeclaratory JudgmentAppellate Review
References
33
Case No. MISSING
Regular Panel Decision

Local 1545, United Brotherhood of Carpenters & Joiners of America v. Vincent

Local 1545, a labor union, initiated this action against Merle D. Vincent, Jr., Regional Director of the National Labor Relations Board (NLRB), seeking to enjoin a representation election for employees of Pilgrim Furniture Company, Inc. The NLRB had directed the election due to a 'hot-cargo' clause present in Local 1545's collective bargaining agreement, a clause subsequently rendered unenforcible by Congress. The court first established jurisdiction over the regional director, dismissing arguments regarding indispensable parties. The core legal question was whether the NLRB's policy to direct an election based on the hot-cargo clause was so unfounded as to warrant judicial intervention. The court ultimately found a reasonable basis for the NLRB's policy and concluded that the board's action neither violated an explicit statutory command nor raised a significant constitutional question. Consequently, the complaint was dismissed, and the motion for a temporary injunction was also dismissed as moot.

Labor LawNational Labor Relations Board (NLRB)Representation ElectionInjunctionCollective Bargaining AgreementHot-Cargo ClauseJurisdictionStatutory InterpretationJudicial ReviewUnfair Labor Practice
References
4
Case No. MISSING
Regular Panel Decision
May 03, 2000

RLI Insurance v. New York State Department of Labor

This appeal concerns a dispute between a surety and the Department of Labor over funds held by a school district. The surety, after posting performance and payment bonds for a public improvement project, expended over $176,000 to complete the project and pay laborers following the contractor's default. The Department of Labor sought to withhold funds from the school district for the contractor's underpaid wages on both the subject project and an unrelated one, invoking Labor Law § 220-b (2) (a) (1). The Supreme Court dismissed the surety's application, ruling that the Department of Labor's claim for underpaid wages, even from unrelated projects, was superior. The Appellate Division affirmed this judgment, establishing that Labor Law § 220-b (2) creates a statutory trust for underpaid wages that takes precedence over a surety's subrogation claims.

Surety bondsPerformance bondPayment bondPublic improvement projectSubrogation rightsUnderpaid wagesPrevailing wageStatutory trustLien LawLabor Law
References
3
Case No. MISSING
Regular Panel Decision

Rochester Club v. New York State Labor Relations Board

The petitioner, an employer, was charged with unfair labor practices by the New York State Labor Relations Board. Despite a trial examiner's recommendation to dismiss the complaint, the Board found unfair labor practices and ordered the matter reopened for further hearings to determine employee reinstatement and back pay. The petitioner initiated an Article 78 proceeding to review this Board order, which the Board moved to dismiss as non-final. The court held that under New York Labor Law, the Board's order, granting no relief and requiring further evidence, is an interlocutory order not subject to immediate judicial review. The court distinguished this from federal practice, where similar orders may be considered final, due to differences in state and federal procedural acts. Consequently, the court dismissed the petition, ruling that a final order from the Board was still pending.

Administrative LawJudicial ReviewFinal OrderInterlocutory OrderLabor LawUnfair Labor PracticeNew York State Labor Relations BoardArticle 78 ProceedingAppellate ProcedureStatutory Interpretation
References
8
Case No. CV-23-1587
Regular Panel Decision
Feb 06, 2025

Matter of Carpenter v. Albany Dialysis Ctr.

Victoria A. Carpenter's workers' compensation claim for complex regional pain syndrome (CRPS) was established following a work injury in 2014, leading to temporary partial disability benefits. Surveillance video later revealed inconsistencies between Carpenter's reported medical condition and her actual functional abilities. A Workers' Compensation Law Judge found Carpenter violated Workers' Compensation Law § 114-a by making material misrepresentations, imposing penalties including rescission of past benefits and permanent disqualification from future wage replacement. The Workers' Compensation Board affirmed this decision, which was subsequently upheld by the Appellate Division, Third Department. The court found substantial evidence supported the Board's findings regarding Carpenter's material misrepresentations to physicians and that the penalties were proportionate.

Fraudulent ClaimMaterial MisrepresentationDisability Benefits SuspensionSurveillance EvidencePermanent DisqualificationCRPSIndependent Medical ExaminationAppellate Division ReviewJudiciary Law § 431Workers' Compensation Law § 114-a
References
9
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