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

Case No. 2020 NY Slip Op 02083 [181 AD3d 949]
Regular Panel Decision
Mar 25, 2020

Klingsberg v. Council of Sch. Supervisors & Adm'rs-Local 1

The plaintiff, Joan Klingsberg, a tenured principal, was removed from her payroll by the New York City Department of Education (DOE) due to financial improprieties. She was represented by Charity Guerra, a staff attorney from her union, the Council of School Supervisors and Administrators-Local 1 (CSA), during disciplinary proceedings. After it was revealed Guerra sought a position with the DOE, Klingsberg declined a new attorney and represented herself. Although the arbitrator upheld termination, the DOE Chancellor overturned it, imposing a six-month suspension and returning Klingsberg to a non-administrative teaching position with back pay, followed by a $200,000 settlement. Klingsberg later sued Guerra for legal malpractice and violation of Judiciary Law § 487, alleging a conflict of interest. The Supreme Court granted Guerra's motion to dismiss, finding the action preempted by federal law and barred by a prior release agreement.

Legal MalpracticeJudiciary Law § 487Federal Labor Management Relations ActPreemptionCollective BargainingConflict of InterestRelease AgreementMotion to DismissAppellate DivisionQueens County
References
5
Case No. MISSING
Regular Panel Decision

Council of School Supervisors & Administrators, Local 1 v. New York City Department of Education

The Council of School Supervisors and Administrators (CSA) challenged the City's plan to reduce parking permits for school employees, arguing it violated their collective bargaining agreement. An arbitrator initially sided with CSA, directing the reinstatement of permits. However, the Supreme Court's decision to confirm this award was deemed erroneous by the appellate court. The appellate court found the arbitration award violated public policy, was irrational, and exceeded the arbitrator's authority because the power to issue on-street parking permits lies exclusively with the City's Department of Transportation (DOT), not the Department of Education (DOE). The court emphasized that the award essentially transferred DOT's regulatory authority to DOE and undermined the city's objectives to reduce congestion and pollution. Consequently, the arbitration award was vacated.

Labor disputeParking permitsCollective bargaining agreementArbitration awardPublic policy violationAdministrative lawMunicipal authorityTraffic regulationDepartment of TransportationDepartment of Education
References
4
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. MISSING
Regular Panel Decision

Martin v. New York State Department of Correctional Services

David Martin, an admitted homosexual and correction officer at Coxsackie Correctional Facility, filed a civil action against the Law Enforcement Officers Union Council 82 AFSCME AFL — CIO. He alleged sexual discrimination, retaliation, conspiracy to discriminate under 42 U.S.C. § 1985, Title VII, and New York state law, and breach of duty of fair representation by the Union. Martin claimed he experienced persistent homophobic harassment from co-workers, discriminatory treatment by supervisors, and inadequate representation from the Union regarding his grievances. The Court granted the Union's motion for summary judgment on the sexual discrimination (Title VII/HRL) and conspiracy claims, ruling that sexual orientation is not a protected class under current law for these claims. However, the Court denied the Union's motion for summary judgment on the retaliation claims and partially denied it for the breach of duty of fair representation claims, allowing several of Martin's timely grievances to proceed to trial.

Sexual DiscriminationRetaliationHostile Work EnvironmentDuty of Fair RepresentationLabor UnionSexual Orientation DiscriminationGender StereotypingSummary JudgmentCivil Rights ActNew York Human Rights Law
References
46
Case No. MISSING
Regular Panel Decision

Smith v. Sipe

The dissenting opinion argues for the dismissal of a complaint alleging a breach of the duty of fair representation by a labor organization. The judge contends that merely providing incorrect advice, as alleged against the union representative, does not constitute the type of egregious conduct—arbitrary, discriminatory, or bad faith actions—that the duty of fair representation was established to prevent. While acknowledging a developing area of law where some courts have extended this duty to include negligence, the majority of jurisdictions maintain a stricter interpretation. The dissent emphasizes that the duty was created to prevent invidious treatment, not to address simple negligence. Therefore, the complaint's allegations are deemed insufficient to establish a cause of action for breach of this duty.

Duty of Fair RepresentationLabor LawUnion ConductGrievance ProcedureNegligenceArbitrary ConductBad FaithDiscriminatory ConductDissenting OpinionJudicial Interpretation
References
23
Case No. MISSING
Regular Panel Decision

Mamorella v. Derkasch

Lucille Mamorella, a former teacher and principal, sued her union (Empire State Supervisors and Administrators Association - ESSAA) and the attorney assigned by the union (Paul J. Derkasch) for legal malpractice and negligence, respectively, after her grievance against her employer for wrongful termination was denied. The Supreme Court granted summary judgment to the defendants, ruling that Derkasch was an independent contractor, Mamorella's legal malpractice claim was preempted by Federal labor law, and her claim for breach of the duty of fair representation against ESSAA failed due to a lack of evidence of intentional misconduct. The appellate court affirmed this decision, agreeing that attorneys representing a union in collective bargaining are generally not liable for malpractice to individual union members, and that negligence alone is insufficient to support a claim for breach of the duty of fair representation.

Legal MalpracticeDuty of Fair RepresentationFederal Labor Law PreemptionIndependent ContractorRespondeat SuperiorCollective BargainingUnion RepresentationGrievance ArbitrationAppellate DecisionSummary Judgment
References
13
Case No. 52 Misc 2d 670
Regular Panel Decision
Feb 24, 1967

Freedman v. Suffolk County Board of Supervisors

This case involves a CPLR article 78 proceeding challenging the dismissal of a petition by the Supreme Court, Suffolk County. The petitioners, case workers, sought compliance with section 79-a of the Social Services Law, which provides a percentage increase for employees with graduate training. The appellate court reversed the lower court's decision, denying the motion to dismiss and ruling that section 79-a is constitutional. The court found that the provision does not violate civil service or home rule provisions of the State Constitution, considering it a valid incentive to attract trained personnel and improve social services.

Social Services LawGraduate Training DifferentialCivil Service LawHome Rule ProvisionConstitutional LawPublic WelfareEmployee CompensationCase WorkersStatutory InterpretationAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Imbriani v. Board of Supervisors

This suit, initiated in the Supreme Court of the State of New York and removed to the District Court, challenged Local Law No. 6 of 1982 of the County of Sullivan. This law established a system of weighted voting for Town Supervisors in the county legislature. The plaintiff argued that the law violated both state and federal equal protection principles, alleging disenfranchisement. The District Court granted the defendant's motion to dismiss the federal equal protection claims, referencing its prior decision in Haas v. County of Sullivan, which had upheld Local Law No. 6 against similar constitutional challenges. The Court also dismissed the plaintiff's state law claims, finding no substantial issue under New York law to support the allegations.

Weighted VotingLocal Law ChallengeEqual ProtectionFederal Claims DismissedState Claims DismissedCounty GovernmentSullivan CountyNew York ConstitutionJudicial DiscretionBicameral Legislature
References
9
Case No. MISSING
Regular Panel Decision
Aug 20, 1971

Commarato v. McLeod

The President of Local 400 sought a preliminary injunction to prevent the Regional Director of the National Labor Relations Board (NLRB) from conducting a representation election, pending the final disposition of unfair labor practice charges. The Regional Director opposed this, arguing the court lacked jurisdiction. The court reviewed the factual background, including a postponed election, subsequent unfair labor practice charges filed by unions against Art Steel Company, Inc., and the Board's decision to proceed with the election despite its own 'blocking charge rule'. The court concluded that it lacked jurisdiction to review the Board's discretionary order to proceed with the election, as it did not fall under the narrow exception of the Board acting in direct contravention of a specific statutory mandate. Therefore, the defendant's motion to dismiss the complaint was granted.

Labor LawNational Labor Relations ActRepresentation ElectionPreliminary InjunctionJudicial ReviewNLRB JurisdictionUnfair Labor PracticesBlocking Charge RuleStatutory InterpretationFederal Courts
References
5
Case No. MISSING
Regular Panel Decision
Jul 22, 1974

Kaminsky v. Connolly

This appellate decision addresses an action by a plaintiff seeking pension benefits from the Road Carriers Local 707 Pension Fund. The initial trial court granted the plaintiff a pension against the union despite finding him a stranger to the fund and no specific relief sought. However, the appellate court determined that the plaintiff, an owner-driver, was never covered by the collective bargaining agreement and made no contributions to the pension fund. Furthermore, even if considered an employee, he lacked the requisite 15 years of service for eligibility. The court also clarified that federal law governs the union's duty of fair representation, requiring proof of bad faith, which the plaintiff failed to provide. Consequently, the judgment awarding damages was modified, and the complaint against the appellant union was dismissed.

Pension FundLabor UnionTaft-Hartley ActCollective Bargaining AgreementOwner-DriverEmployee EligibilityFair Representation DutyFederal LawAppellate ReviewComplaint Dismissal
References
3
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