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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

Lahendro v. New York State United Teachers Ass'n

Plaintiff Michael F. Lahendro, a guidance counselor, sued the New York State United Teachers Association (NYSUT) and Brushton-Moira Teachers Association for breach of the duty of fair representation and negligence after NYSUT failed to timely file a demand for a hearing against his employment termination. This oversight led Lahendro to accept a settlement including retirement. Defendants moved to dismiss the lawsuit, which the Supreme Court denied, leading to this appeal. The appellate court reversed, dismissing the breach of fair representation claim based on the 'Martin v Curran' rule, which requires proving all individual union members authorized or ratified the conduct for suits against unincorporated associations, which plaintiffs could not do. Additionally, the negligence claim was dismissed as actions against unions for duties under collective bargaining agreements must be for breach of fair representation.

Breach of Duty of Fair RepresentationNegligenceUnincorporated AssociationMartin v Curran RuleEducation LawCPLRLate FilingSettlement AgreementEmployment TerminationGuidance Counselor
References
24
Case No. MISSING
Regular Panel Decision

United Federation of Teachers, Local 2 v. Board of Education

The United Federation of Teachers appealed a decision by the Board of Education of the City of New York regarding the selection of teachers for an after-school program. An arbitrator previously ruled that the Board's selection process for Linda Feil, a qualified teacher, was arbitrary and capricious, ordering her placement and back pay. While the Supreme Court confirmed this arbitration award, the Appellate Division reversed, arguing public policy violations and the arbitrator exceeding authority. The Court of Appeals reversed the Appellate Division's decision, finding that the arbitration award neither violated public policy nor exceeded the arbitrator's powers under the collective bargaining agreement. Consequently, the Court of Appeals reinstated the Supreme Court's order confirming the arbitration award in favor of the teacher.

ArbitrationCollective BargainingPublic Policy ExceptionArbitrator AuthorityTeacher EmploymentGrievance ProcedureJudicial ReviewEducational StandardsArbitrary and CapriciousSeniority
References
17
Case No. MISSING
Regular Panel Decision

Scarbrough v. Murrow Transfer Co.

This case consolidates two wrongful death lawsuits filed by Mrs. Alberta Scarbrough and Claud Nolan against Murrow Transfer Company and Billy Ray Burge, stemming from a fatal motor vehicle accident on September 17, 1966. The accident, which resulted in the deaths of Randolph Scarbrough and Jimmy Ray Nolan, occurred when Burge, driving a tractor-trailer for Murrow Transfer, negligently crossed into the opposing lane, causing a collision with a United States Job Corps bus. The court found Burge and Murrow Transfer liable for negligence. Additionally, a third-party action for indemnity or contribution by the defendants against the United States of America was dismissed, with the court ruling that the Federal Employees Compensation Act provided the exclusive remedy for claims against the U.S. related to the Job Corps members' deaths. The plaintiffs were each awarded $28,000 in damages.

Motor Vehicle AccidentWrongful DeathNegligenceRespondeat SuperiorThird-Party ActionIndemnityContributionFederal Employees Compensation ActJob CorpsDamages
References
3
Case No. 03-23-00279-CV
Regular Panel Decision
May 21, 2025

Mike Morath, in His Official Capacity as Commissioner of Education for the Texas Education Agency v. Texas State Teachers Association

The Texas Court of Appeals reviewed a challenge brought by the Texas State Teachers Association (TSTA) against Mike Morath, Commissioner of Education, concerning the validity of administrative Rule 97.1075(c)(1). TSTA contended that the rule, which grants "final" and "sole" authority to operating partners over district employees assigned to charter schools, infringed upon teachers' statutory rights. The trial court sided with TSTA, declaring the entire subsection invalid. On appeal, the Court of Appeals affirmed the invalidation of parts (C) and (D) of the rule, agreeing they improperly curtailed teachers' rights by making decisions unreviewable. However, the court reversed the trial court's decision regarding parts (A), (B), and (E), deeming them valid because they pertain to employees directly hired by the operating partner and do not impact the statutory protections of public school district teachers. The final ruling was affirmed in part and reversed and rendered in part.

Administrative LawEducation LawCharter SchoolsStatutory InterpretationAgency RulesTeachers' RightsTexas Education AgencySummary JudgmentAppellate ReviewRule Validity
References
10
Case No. MISSING
Regular Panel Decision

Board of Education v. West Hempstead Chapter Branch II of New York State Teachers Ass'n

The plaintiff school board sued to enjoin the defendant teachers association from issuing news releases and making public statements, arguing they violated their agreement and that grievance procedures should be used. The court denied the school board's motion for a temporary restraining order and granted the teachers association's cross-motion to dismiss the complaint. The court reasoned that the grievance procedure outlined in the agreement was designed for individual employee problems, not broad issues like those raised by the association's demands for resignations. Furthermore, the court emphasized that enjoining speech constituted an impermissible prior restraint, only justified in the narrowest exceptions, which were not met in this case.

Collective BargainingGrievance ProcedureFreedom of SpeechPrior RestraintPublic EmployeesTeachers UnionLabor DisputeInjunctionDismissal of ComplaintCross-Motion
References
9
Case No. MISSING
Regular Panel Decision

Foster v. Teacher Retirement System

Diana Foster, a retired teacher, appealed the dismissal of her lawsuit against the Teacher Retirement System of Texas (TRS) and its insurance administrators, Aetna Life Insurance Company and Aetna Health Management, LLC. Foster initially sued after Aetna denied coverage for her prescribed intravenous immune globulin infusion therapy (IVIG). Her claims included breach of contract, bad faith, insurance code violations, deceptive trade practices, and a request for declaratory judgment. The appellate court affirmed the trial court's dismissal, holding that TRS and Aetna were protected by sovereign immunity, which had not been waived by legislation or provided for judicial review under the Administrative Procedures Act. Consequently, the court found no error in dismissing Foster's suit rather than abating it.

Sovereign ImmunityGovernment Agency ImmunityInsurance DenialsHealth Benefit PlansDeclaratory Judgment ActionsAdministrative LawJudicial ReviewAgent LiabilityContractual DisputesAppellate Procedure
References
26
Case No. MISSING
Regular Panel Decision

Board of Education of Yorktown Central School District v. Yorktown Congress of Teachers

The Yorktown Congress of Teachers (YCT) appealed an order from the Supreme Court, Westchester County, which had granted the Board of Education of the Yorktown Central School District's (Board) petition to stay arbitration and denied the YCT's cross-petition to compel arbitration. The dispute stemmed from the Board's refusal to approve certain graduate credits for compensation for a teacher, leading the YCT to file a grievance and demand arbitration under their collective bargaining agreement (CBA). The Supreme Court's order was reversed on appeal. The appellate court found no public policy or statutory prohibition against arbitration and determined that the dispute reasonably related to the CBA's subject matter. Consequently, the Board's petition to stay arbitration was denied, and the YCT's cross-petition to compel arbitration was granted, directing the parties to proceed to arbitration.

Collective Bargaining AgreementArbitrationGraduate CreditsTeacher CompensationGrievance ProcedureAppellate ReviewPublic Sector EmploymentEducation LawCPLR Article 75Contract Interpretation
References
14
Case No. 2022 NY Slip Op 04680
Regular Panel Decision
Jul 21, 2022

Matter of Buffalo Teachers Fedn., Inc. v. New York State Pub. Empl. Relations Bd.

This case concerns an Article 78 proceeding initiated by the Buffalo Teachers Federation, Inc. to challenge a determination by the New York State Public Employment Relations Board (PERB). PERB found that the Federation engaged in an unlawful strike in violation of Civil Service Law § 210 (1) after 16 teachers from Public School 59 called in sick following a threatening incident. The Appellate Division, Third Department, confirmed PERB's determination, concluding that there was substantial evidence to support the finding that the Federation, through its agent, instigated and condoned a concerted work stoppage. The court dismissed the Federation's petition.

Unlawful StrikePublic Employment RelationsTeacher UnionTaylor LawConcerted Work StoppageSchool District DisputeAdministrative ReviewLabor Law ViolationCollective Bargaining UnitSubstantial Evidence Review
References
6
Case No. MISSING
Regular Panel Decision

Reich v. Federation of Catholic Teachers, Inc.

The Secretary of Labor initiated an action to set aside the March 1993 election of the Federation of Catholic Teachers' officers and council members, alleging violations of Title IV of the Labor-Management Reporting and Disclosure Act (LMRDA). The Secretary contended the election was unfair due to the official ballot promoting incumbents as "The Action Team" while listing challengers simply as "The Opposition," and improper involvement of the incumbent president, Margaret Menard, in the election process. The court found the ballot unfair, constituting a violation of 29 U.S.C. § 481(c), ruling that the incumbent slate designation "The Action Team" without a corresponding name for the opposition slate was a violation, regardless of intent. Given the close election margins, the court determined that this violation may have affected the outcome and ordered a new election under the Secretary's supervision. While the court dismissed the claim of improper involvement by Menard, it noted the election's excessive informality and casual attitude towards legal requirements, instructing future elections to ensure committee independence and adherence to Department of Labor guidelines.

Labor-Management Reporting and Disclosure ActLMRDA Title IVUnion ElectionElection ViolationUnfair BallotIncumbent SlateOpposition SlateExhaustion of RemediesPrima Facie CaseBurden of Proof
References
5
Case No. No. 12452
Regular Panel Decision

State ex rel. McGhee v. John

Justice O'Brien's concurring and dissenting opinion addresses the case of Anne McGhee versus the Campbell County Board of Education regarding her reinstatement as a teacher after medical leave. While concurring with the majority's summary of prior related decisions, O'Brien strongly disagrees with their interpretation of facts and application of legal statutes concerning teacher tenure and transfers. The majority had decided to remand the case for McGhee's reinstatement to her original position and for calculation of damages, believing the board lacked discretion to assign her elsewhere. However, O'Brien argues that McGhee failed to adhere to the proper medical leave application procedures and that the board, under relevant Tennessee Code Annotated sections, had the right to transfer a tenured teacher to an equivalent, qualified position within the school system. Consequently, O'Brien concludes that the original appeal seeking reinstatement to the specific high school position should have been dismissed.

Workers' Compensation BenefitsTeacher ReinstatementMedical Leave PolicyEmployment DisputeSchool AdministrationStatutory InterpretationAppellate ProcedureMandamus WritDamages for Wrongful DischargeTeacher Transfer
References
6
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