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

Case No. ADJ10553566, ADJ10553567
Regular
Apr 04, 2017

HUGO FLOREZ vs. SUPERIOR INDUSTRIES INTERNATIONAL, INC.; ESIS

The Workers' Compensation Appeals Board (WCAB) denied Superior Industries International, Inc. and ESIS's Petition for Removal in the case of Hugo Florez. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm would occur, and reconsideration is inadequate. The WCAB found that the defendants failed to demonstrate such prejudice or inadequacy. Therefore, the petition was denied.

Petition for RemovalWorkers' Compensation Appeals BoardDenying RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdministrative Law JudgeWCJ ReportAdverse Decision
References
2
Case No. 11 CV 1471
Regular Panel Decision

Martinez v. Bakery & Confectionery Union & Industry International Pension Fund

The case involves multiple plaintiffs, participants in the Bakery and Confectionery Union and Industry International Pension Fund Pension Plan, who challenged an amendment to the plan. This amendment eliminated the ability for participants no longer in covered employment to "age into" certain early retirement benefits (Plan C and Plan G). Plaintiffs alleged this violated Section 204(g) of ERISA, the anti-cutback rule, which protects accrued benefits. The Court, applying the standard for judgment on the pleadings, found that the Plan C and Plan G benefits are early retirement or retirement-type subsidies and thus accrued benefits under ERISA. Relying on statutory text and precedent like *Ahng v. Allsteel, Inc.*, the Court ruled that the amendment impermissibly cut back accrued benefits for those employees who had met the years of service requirement and could continue to age into their pension benefits even after separation from employment. Consequently, the Court granted the plaintiffs' motions for judgment on the pleadings and denied the defendants' motions.

ERISAPension PlanRetirement BenefitsAnti-cutback RuleEmployee BenefitsJudgment on the PleadingsDefined Benefit PlanEarly RetirementAccrued BenefitsPlan Amendment
References
24
Case No. MISSING
Regular Panel Decision

Patricia v. Delford Industries, Inc.

Plaintiff Carrie Patricia brought an action under Section 301(a) of the Labor Management Relations Act against her former employer, Delford Industries, Inc., and her bargaining representatives, Local 546 and the International Union. Patricia alleged wrongful termination by Delford and a breach of the duty of fair representation by the unions for their handling of her grievance. The court considered motions for summary judgment from all parties and Patricia's motion to amend her complaint. The motions for summary judgment by Local 546, Delford, and Patricia were denied. The International Union's motion for summary judgment was granted, and Patricia's motion to amend her complaint was also granted.

Labor Management Relations ActDuty of Fair RepresentationCollective Bargaining AgreementWrongful TerminationSummary Judgment MotionMotion to Amend ComplaintFederal Civil ProcedureRes JudicataCollateral EstoppelUnemployment Benefits Claim
References
15
Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. 83 Civ. 2059
Regular Panel Decision

Perry v. International Transport Workers' Federation

This case addresses a complex labor dispute between plaintiffs William Perry (President of Local 6, International Longshoremen’s Association) and International Shipping Association (ISA) against defendant International Transport Workers’ Federation (ITF). Plaintiffs alleged antitrust violations under the Clayton and Sherman Acts, alongside state law claims for tortious interference with contractual rights, primarily concerning ITF’s 'blacking' policy on 'flag of convenience' vessels. ITF cross-claimed for antitrust violations, tortious interference, unfair competition, and trademark infringement under the Lanham Act. The court granted summary judgment to the defendant on the plaintiffs’ antitrust claim, citing a statutory labor exemption for ITF's activities, and dismissed ITF's antitrust counterclaim. While denying summary judgment on most tortious interference claims due to factual disputes, the court granted summary judgment to defendant on ISA’s tortious interference claim and to plaintiff Local 6 on ITF’s counterclaim for tortious interference with contractual relations. Furthermore, the court denied the plaintiffs' motion to dismiss the damages portion of the defendant's Lanham Act counterclaim.

Antitrust LawLabor DisputesSummary JudgmentTortious InterferenceLanham ActSherman ActClayton ActNorris-LaGuardia ActFlag of Convenience VesselsCollective Bargaining
References
55
Case No. 98-CV-1033
Regular Panel Decision
Feb 10, 2015

Chao v. International Brotherhood of Industrial Workers Health & Welfare Fund

The Secretary of Labor initiated this ERISA action against fiduciaries of the International Brotherhood of Industrial Workers Health and Welfare Fund (BIW Fund) due to alleged embezzlement by Clarke Lasky and breaches of fiduciary duties. The District Court had previously found violations and assumed control over the distribution of the BIW Fund's remaining assets. Currently, the court addresses motions concerning the Independent Fiduciary's proposed plan for asset distribution and a dispute over whether the National Organization of Industrial Trade Unions (NOITU Fund) is the legal successor to the BIW Fund. The court adopts Magistrate Judge Lindsay's Reports and Recommendations, concluding that the NOITU Fund is not the BIW Fund's legal successor. Consequently, Employee Health Plan Administrators' objections to this finding are overruled, and the court defers ruling on the balance of the parties' applications regarding asset distribution.

ERISAFiduciary DutyEmployee BenefitsWelfare FundSuccessor LiabilityEmbezzlementSummary JudgmentMagistrate Judge Report and RecommendationObjections OverruledDistrict Court
References
38
Case No. MISSING
Regular Panel Decision
Apr 15, 1964

United Electrical, Radio & Machine Workers v. Star Expansion Industries, Inc.

This case concerns a motion for a preliminary injunction filed by the United Electrical, Radio and Machine Workers of America (UE) against Star Expansion Industries, Inc. and Local #1968, International Brotherhood of Electrical Workers (IBEW). UE, newly certified as the bargaining agent, sought to displace IBEW in an ongoing arbitration concerning the discharge of employee Albert E. Dinges, which IBEW had commenced under its prior collective bargaining agreement. The court denied the injunction, affirming the arbitrator's decision that IBEW, as the union that initiated the grievance under its contract, retained the right to conclude the arbitration despite its decertification and contract expiration. The ruling emphasized the contractual nature of arbitration and the federal policy promoting industrial peace by allowing established proceedings to continue.

Collective BargainingUnion RepresentationArbitrationInjunctive ReliefDecertificationGrievanceLabor DisputeContractual ObligationFederal PolicyIndustrial Peace
References
10
Case No. 00-CV-1161
Regular Panel Decision
Dec 18, 2000

Gallagher v. INTERNATIONAL BROTH. OF ELEC. WORKERS

Plaintiff Michael Gallagher sued several entities, including the International Brotherhood of Electrical Workers (IBEW) and its President J.J. Barry, alleging age discrimination in employment referrals and retaliation through IBEW Local Union No. 43's hiring hall. Gallagher claimed the collective bargaining agreement facilitated discrimination against older workers and that Local 43 was an agent of the International defendants. The defendants moved for judgment on the pleadings, arguing that Gallagher failed to name the International defendants in his EEOC charge, thus failing to exhaust administrative remedies and that no identity of interest existed between the named and unnamed parties. The court granted the motion, dismissing the claims against the International defendants due to Gallagher's failure to file an administrative complaint against them and the lack of an agency relationship or ratification of discriminatory acts. Furthermore, the court found the claims to be time-barred under both state and federal statutes of limitations.

Age DiscriminationEmployment LawLabor UnionCollective Bargaining AgreementEEOCNYSDHRExhaustion of Administrative RemediesFederal Rule of Civil Procedure 12(c)Judgment on PleadingsStatute of Limitations
References
32
Case No. MISSING
Regular Panel Decision

Curry v. American International Group, Inc. Plan No. 502

Curry, a former Regional Insurance Underwriting Manager for AIG, sued American International Group, Inc. Plan No. 502 and American International Life Assurance Co. of New York ("AI Life") under ERISA § 502(a) after her long-term disability benefits were terminated. Curry suffers from degenerative osteoarthritis and diabetes. AI Life initially approved her benefits but later terminated them, alleging she could perform a sedentary occupation, relying on unverified medical responses. The court found AI Life's decision to be arbitrary and capricious due to its reliance on unreliable medical opinions, failure to clarify the record, and disregard for Curry's doctors' reports. Consequently, the court granted Curry's motion for summary judgment, denying the defendants' motion, and ordered the reinstatement of her benefits with prejudgment interest and attorney's fees.

ERISALong-term disabilityBenefits terminationArbitrary and capricious standardConflict of interestMedical opinionUnreliable evidenceSummary judgmentOrthopaedic conditionsDiabetes
References
10
Case No. MISSING
Regular Panel Decision

Curran v. International Union, Oil, Chemical & Atomic Workers

Plaintiff, an employee of Carborundum Company, suffered a partial hand amputation in a "rubber roll" machine accident on March 8, 1979. He sued his unions, International Union, Oil, Chemical & Atomic Workers, AFL-CIO, and Abrasive Workers, Local 8-12058, Oil, Chemical & Atomic Workers International Union, alleging state law negligence for failing to safeguard him from dangers and a federal claim for breaching their duty of fair representation. The unions moved for summary judgment, arguing federal law preempts the negligence claim and they did not breach their duty of fair representation. The court granted the unions' motion regarding the negligence claim, ruling that a union's duty to its members, arising from a collective bargaining agreement, is governed exclusively by federal law and does not include a duty of care. However, the court denied the motion regarding the breach of fair representation claim, finding sufficient facts and allegations to infer that the unions may have discharged their duty in an arbitrary, perfunctory manner or in bad faith, thus leaving triable issues of fact.

Union LiabilityDuty of Fair RepresentationNegligence ClaimFederal PreemptionCollective Bargaining AgreementSummary Judgment MotionLabor LawWorkplace AccidentSafety and Health CommitteeArbitrary Union Action
References
8
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