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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

Stephenson v. Hotel Employees & Restaurant Employees Union Local 100

This is a dissenting opinion concerning an age discrimination lawsuit brought by Albert Stephenson and Leroy Hodge against the Hotel Employees and Restaurant Employees Union Local 100 and the Hotel Employees and Restaurant Employees International Union. The plaintiffs were fired in 1992, and a jury found in their favor, awarding substantial damages. The majority opinion reversed this verdict, but the dissenting judge, Mazzarelli, argues that the evidence presented at trial was legally sufficient to support the jury's finding of age discrimination. The dissent reviews the trial proceedings, jury instructions, evidentiary rulings, and damage awards, concluding that the jury had a rational basis for its decision. While affirming liability, the dissent suggests remanding the case for a collateral source hearing to determine potential offsets to the damages.

Age DiscriminationEmployment LawWrongful TerminationJury VerdictAppellate ReviewLegal SufficiencyBurden of ProofPretextDamagesFront Pay
References
22
Case No. MISSING
Regular Panel Decision
Jul 09, 2002

Saunders v. New York City Health & Hospitals Corp.

This case involves an order and judgment from the Supreme Court, New York County, concerning a proceeding under CPLR article 78. The petition was granted to the extent of enjoining the respondent from appointing temporary employees in disregard of Civil Service Law § 64 (1) and directing an amendment to its policy regarding Civil Service Law § 75 (1) (c) to include part-time employees. However, the application for lost wages and benefits on behalf of petitioner Patino was denied. The court unanimously affirmed the decision, stating that the injunctive relief was properly granted as the respondent failed to articulate an important need for open-ended temporary employment consistent with Civil Service Law. The court also rejected the argument that Civil Service Law § 75 (1) (c) applies only to full-time employees, affirming that no hearing was required for Patino's termination under the applicable collective bargaining agreements.

Temporary EmployeesCivil Service LawInjunctive ReliefPart-time EmployeesLost WagesCollective Bargaining AgreementsTerminationPublic PolicyJudicial ReviewAdministrative Law
References
4
Case No. MISSING
Regular Panel Decision

Petrucci v. Hogan

This case concerns former employees of the Interborough Rapid Transit System who became City of New York employees and subsequently resigned from the Transport Workers Union. Following their resignation, the union and its officers picketed the plaintiffs' homes and distributed leaflets. The plaintiffs sought a temporary injunction to stop these actions. The defendants argued that this was a labor dispute under section 876-a of the Civil Practice Act, which would prevent an injunction without specific procedural compliance. The court determined that section 876-a does not apply to employees of the State or its political subdivisions, thus public employees are exempt. Furthermore, the court found the ultimate object of the picketing, to coerce plaintiffs into union membership and thereby establish a 'closed shop' in city service, to be unlawful as it contravenes the New York State Constitution and Civil Service Law, which mandate appointments based on merit and fitness. The picketing of private residences with an unlawful purpose was also deemed malicious. Consequently, the court granted the temporary injunction against the defendants.

Labor UnionCivil ServicePicketingTemporary InjunctionAnti-Injunction ActPublic EmployeesClosed ShopFirst Amendment RightsFreedom of AssociationConstitutional Law
References
35
Case No. MISSING
Regular Panel Decision

Harper v. Government Employees Insurance

This is a collective action where Plaintiff Candace Harper seeks overtime compensation from her former employer, GEICO, under the FLSA and New York State law, claiming she and other Telephone Claims Representatives (TCRs) were improperly denied overtime. GEICO argued TCRs were exempt administrative employees and moved for summary judgment, while Harper sought partial summary judgment against GEICO's exemption claim. The court denied Harper's motion for partial summary judgment and granted GEICO's motion for summary judgment, finding that TCRs perform administrative duties directly related to GEICO's business operations and exercise sufficient discretion and independent judgment to qualify for the administrative exemption. Consequently, the court did not address GEICO's motion to decertify the collective action.

FLSAOvertime CompensationAdministrative ExemptionSummary JudgmentCollective ActionInsurance IndustryClaims AdjustersDiscretion and Independent JudgmentWage and HourTelephone Claims Representatives
References
28
Case No. MISSING
Regular Panel Decision

Nassau Chapter of Civil Service Employees Ass'n v. County of Nassau

This case involves an appeal concerning the commencement of county service for employees initially hired under the Comprehensive Employment and Training Act (CETA) for purposes of a collective bargaining agreement between the Nassau Chapter of the Civil Service Employees Association, Inc. (plaintiff) and the County of Nassau (defendant). The plaintiff sought to include CETA employment prior to December 31, 1976, as commencement of county service under 'Plan A' of the agreement. The defendant appealed a Supreme Court judgment that had initially granted this relief. The appellate court reversed the judgment, holding that CETA employment, despite county supervision, should not be considered the commencement of county service for employment agreement purposes due to its temporary nature. The court concluded that service should only be deemed to begin when a position is obtained under Civil Service Law procedures. Consequently, CETA employees hired by the county after December 31, 1976, are excluded from Plan A, regardless of prior CETA service.

CETA EmploymentCivil Service LawCollective Bargaining AgreementCounty Service CommencementTemporary EmploymentIncremental Salary PlanPublic Sector EmploymentEmployee Benefits EligibilityAppellate DivisionNassau County
References
4
Case No. 2019 NY Slip Op 05744 [174 AD3d 1206]
Regular Panel Decision
Jul 18, 2019

Matter of Civil Serv. Employees Assn., Local 1000, AFSCME AFL-CIO v. New York State Off. of Children & Family Servs.

The case involves Jarred Sansky, a probationary employee, terminated from his position as Cadet Leader 1 by the New York State Office of Children and Family Services. Petitioners, including Sansky and the Civil Service Employees Association, challenged the termination under CPLR article 78, arguing Sansky had completed his probationary term and was dismissed in bad faith or retaliation for reporting neglect. The Supreme Court dismissed the petition, finding Sansky was still probationary and petitioners failed to prove bad faith or retaliation. The Appellate Division, Third Department, affirmed the dismissal, holding that Sansky's temporary service in a higher position did not automatically count towards his probationary period and that allegations of bad faith or retaliation were unsupported by evidence. Therefore, Sansky, as a probationary employee, was not entitled to a pretermination hearing.

probationary employmentterminationCPLR article 78bad faith dismissalretaliationcivil service lawtemporary appointmentprovisional appointmentNew York State Office of Children and Family ServicesCadet Leader
References
10
Case No. MISSING
Regular Panel Decision

Blyer Ex Rel. NLRB v. P & W ELEC., INC.

The Petitioner, Alvin Blyer, Regional Director of Region 29 of the National Labor Relations Board, filed an application for a temporary injunction against Respondent P & W Electric, Inc. under Section 10(j) of the National Labor Relations Act, alleging unfair labor practices. The court, presided over by Judge Gershon in the Eastern District of New York, found reasonable cause to believe that P & W Electric had violated Sections 8(a)(1) and 8(a)(3) of the Act by discharging employees Michael Finn, Dane Ault, and John Kwarta due to their union organizing activities. The court determined that the requested injunctive relief, which included a cease and desist order and interim reinstatement of the three employees, was "just and proper" to preserve the pre-unfair labor practice status quo and prevent irreparable harm to the union's organizational efforts. Despite the respondent's arguments regarding employee misconduct, potential financial penalties, and alleged delay by the NLRB, the court found these insufficient to outweigh the need for injunction. Consequently, the application for a temporary injunction was granted, ordering P & W Electric to cease unfair labor practices, reinstate the named employees, and post the court's order.

Temporary InjunctionNational Labor Relations ActUnfair Labor PracticesUnion OrganizingEmployee ReinstatementCease and Desist OrderSection 10(j)Reasonable CauseJust and Proper ReliefLabor Law
References
17
Case No. MISSING
Regular Panel Decision

County of Westchester v. Arfmann

The case concerns public employees of the Westchester County Department of Public Welfare who engaged in a strike starting March 1, 1967, resulting in a motion for a temporary injunction by the County of Westchester. The employees, including the Westchester Welfare Workers Association, picketed county offices due to reported issues like case overloads and poor working conditions. While defendants claimed illness and presented testimony from a psychiatrist regarding 'adult situational stress reactions,' the court found that the mass absence constituted a strike interfering with welfare services. The court ruled that Section 807 of the Labor Law, which forbids injunctions in labor disputes, does not apply to public employees. Consequently, the court granted the plaintiff's motion for a temporary injunction.

Public Sector StrikeTemporary InjunctionLabor DisputeCivil Service LawEmployee ProtestWestchester CountyWelfare DepartmentIllegal StrikePicket LinesGovernment Employees
References
1
Case No. MISSING
Regular Panel Decision

Nassau Chapter of the Civil Service Employees Ass'n v. County of Nassau

The Nassau Chapter of the Civil Service Employees Association (CSEA) initiated an action against the County of Nassau, seeking a declaratory judgment regarding the proper salary plan for CETA-funded employees who transitioned to county-funded positions after January 1, 1977. CSEA contended that these workers, having commenced service prior to the cut-off date, were 'employees' under existing collective bargaining agreements and should remain on the 'Incremental Graded Salary Plan' (Plan A). The County argued they were 'new employees' after 1976, falling under the 'Non-Incremental Graded Salary Plan' (Plan B). The court reviewed the federal CETA legislation, the collective bargaining agreement, and the County's past conduct towards CETA workers, which consistently treated them as county employees with various benefits. Concluding that CETA workers qualified as 'employees' from their initial service date, the court ruled in favor of CSEA. The decision mandates that these workers be continued under Plan A, citing principles of statutory parity, established case law, and the policy goals of the CETA program for upward mobility.

Collective BargainingSalary PlansCETA ProgramPublic EmploymentEmployee RightsDeclaratory JudgmentCivil Service LawUnion RepresentationStatutory InterpretationGovernment Employees
References
2
Case No. MISSING
Regular Panel Decision

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
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