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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

Danielson ex rel. National Labor Relations Board v. Dressmakers Joint Council, International Ladies Garment Workers Union

This case involves a petition for a temporary injunction filed by the acting Regional Director of the National Labor Relations Board (NLRB) against the Dressmakers Joint Council, International Ladies Garment Workers Union (ILGWU). The NLRB sought to enjoin the union from picketing Newport Miss, Inc. (Newport) following a complaint that the union was engaging in an unfair labor practice in violation of Section 8(b)(7)(C) of the National Labor Relations Act. The union argued that its picketing had lawful objectives, including protesting an employee discharge and informing the public about Newport's substandard wages, and denied any current organizing interest. The court found that the Regional Director had reasonable grounds to believe the union's picketing had an unlawful objective of compelling recognition or employee union membership, causing irreparable injury to Newport and its contractors. Consequently, the court granted the temporary injunction against the union's picketing for 60 days or until the NLRB determines the merits of the pending charge.

Labor LawUnfair Labor PracticeTemporary InjunctionPicketingNational Labor Relations ActUnion OrganizingSecondary BoycottNLRB EnforcementEmployer RightsLabor Dispute
References
11
Case No. MISSING
Regular Panel Decision

McLeod v. Local No. 3, International Brotherhood of Electrical Workers

The Director of the Second Region of the National Labor Relations Board (NLRB) sought a temporary injunction against LOCAL UNION NO. 3 I.B.E.W., alleging unfair labor practices related to secondary boycotts. The charges stemmed from picketing by union members at various New York City apartment buildings, where New Power Wire & Electric Corporation and P & L Services, Inc. had electrical rewiring contracts. The union picketed, claiming New Power violated its agreement by employing non-union electricians. The Board contended this picketing violated Section 8(b)(4)(i)(ii)(B) of the National Labor Relations Act. However, the court, applying the Moore Dry Dock Company principles, found no sufficient evidence that the union induced neutral employees or coerced building owners. The court concluded the picketing was informational and confined to the primary dispute's situs, thus not violating the Act. Consequently, the Board's application for a preliminary injunction was denied.

National Labor Relations ActSecondary BoycottUnfair Labor PracticeTemporary InjunctionPicketingLabor Union DisputeCollective Bargaining AgreementMoore Dry Dock TestLandrum-Griffin ActTaft-Hartley Act
References
6
Case No. MISSING
Regular Panel Decision

Wolchak v. Wiseman

This case concerns a labor dispute between two rival unions in New York. The plaintiff, Retail Dairy, Grocery and Fruit Clerks’ Union, Local 338 (AFL-affiliated), sued the defendant, Food Workers’ Industrial Union of New York (affiliated with the Trade Union Unity League and Red International of Labor Unions), for unlawful picketing, violence, and intimidation. The defendants targeted shops that had collective bargaining agreements with the plaintiff, employing deceptive signs, smashing windows, throwing stench bombs, and assaulting members of the plaintiff union and merchants. A temporary injunction was issued to stop these activities, but the defendants flagrantly violated it. The court noted the defendants' disregard for legal principles and their affiliations with radical labor organizations. Consequently, the court decided to make the temporary injunction permanent, affirming that such unlawful acts would not be tolerated.

Union disputeLabor injunctionPicketing violenceTrade union lawCollective bargaining agreementsWorker intimidationAFLCommunist affiliationsCourt order violationNew York labor relations
References
6
Case No. MISSING
Regular Panel Decision

Danielson v. Joint Board of Coat, Suit & Allied Garment Workers Unions, ILGWU

The Regional Director of the National Labor Relations Board filed a petition for a temporary injunction against the Joint Board of Coat, Suit and Allied Garment Workers Union, ILGWU, AFL-CIO. This action stemmed from a charge by Hazantown, Inc., alleging the Joint Board engaged in unfair labor practices by picketing for recognition without filing an election petition within the statutory thirty-day period. Hazantown, a New York garment manufacturer utilizing contractors, became the target of picketing aimed at securing a "jobbers' agreement," which would obligate Hazantown to deal exclusively with union contractors, despite the Joint Board's disclaimer of interest in representing Hazantown's direct employees. The picketing demonstrably hindered Hazantown's business operations by inducing a stoppage of deliveries. Despite the complex statutory interpretation issues regarding Sections 8(b)(7)(C) and 8(e) of the National Labor Relations Act, the District Court, acknowledging its narrow jurisdiction, found "reasonable cause" to believe an unfair labor practice had occurred. Consequently, to maintain the status quo pending a full adjudication by the Board, the court granted the temporary injunction.

National Labor Relations ActUnfair Labor PracticeTemporary InjunctionPicketingLabor Union RecognitionGarment Industry ExemptionJobber's AgreementNLRA Section 8(b)(7)(C)NLRA Section 8(e)District Court Jurisdiction
References
7
Case No. MISSING
Regular Panel Decision

Douds Ex Rel. National Labor Relations Board v. Sheet Metal Workers International Ass'n, Local Union No. 28

The Regional Director of the National Labor Relations Board filed a petition for a temporary injunction against an unnamed labor organization (the respondent) under Section 10(l) of the NLRA. This action stemmed from a charge by Ferro-Co Corporation, alleging the respondent engaged in unfair labor practices under Section 8(b)(4)(A) by inducing employees of Dierks Heating Co., Inc. to refuse to handle Ferro-Co products. The court examined whether the respondent's actions constituted an illegal secondary boycott, which the legislative history of Section 8(b)(4)(A) aimed to prevent. It found no evidence of a labor dispute between the respondent and Ferro-Co (the 'secondary' employer), concluding the dispute was primarily with Dierks (the 'primary' employer). Since the circumstances did not align with the traditional concept of a secondary boycott, the court determined that equitable relief was not warranted and consequently denied the petition for injunctive relief.

Labor InjunctionSecondary BoycottNLRA Section 8(b)(4)(A)Taft-Hartley ActUnfair Labor PracticeCollective Bargaining AgreementPrimary DisputeNeutral EmployerUnion ConductTemporary Restraining Order
References
18
Case No. 2021 NY Slip Op 06406
Regular Panel Decision
Nov 18, 2021

Matter of Gabel (Bankers Life & Cas. Co.--Commissioner of Labor)

Claimant Christopher M. Gabel, an insurance broker, sought unemployment insurance benefits after his agreement with Bankers Life and Casualty Company (BLC) was terminated. While an Administrative Law Judge initially denied benefits, the Unemployment Insurance Appeal Board reversed, ruling that BLC was liable for contributions. The Board found that Gabel's services were not statutorily exempted under Labor Law § 511 (21) because his actual work was inconsistent with the contract's statutory provisions, and BLC maintained sufficient supervision and control to constitute an employment relationship. BLC appealed, contending its written agreement met the Labor Law requirements and that Gabel was an independent contractor. The Appellate Division, Third Department, affirmed the Board's decision, stating that the actual performance of services must conform to the statutory provisions, not just their inclusion in the contract. The court also found substantial evidence that BLC exercised significant control over Gabel's work, thus establishing an employment relationship.

Unemployment Insurance BenefitsIndependent ContractorEmployment RelationshipInsurance AgentLabor Law § 511 (21)Unemployment Insurance Appeal BoardAppellate ReviewStatutory InterpretationCommon-Law TestEmployer Control
References
11
Case No. MISSING
Regular Panel Decision

Laborers Local 91, Laborers International Union v. Building Industry Employers Ass'n

Plaintiff Laborers Local 91 sought to compel arbitration against defendants Building Industry Employers Association and Higgins Erectors & Haulers, Inc. concerning a work assignment dispute involving Iron Workers Local 9. Laborers Local 91 alleged a violation of its collective bargaining agreement when Higgins assigned work to Iron Workers Local 9. After resolution attempts via the Impartial Jurisdictional Dispute Board (IJDB) and Federal Mediation and Conciliation Service failed, Laborers Local 91 initiated this action under the Labor Management Relations Act and the United States Arbitration Act. The court had previously ordered Iron Workers Local 9 to be joined as a defendant. Currently, the parties have filed cross-motions for summary judgment, which the court denies without prejudice due to unresolved factual disputes regarding the exclusivity of the IJDB forum, the Plan's intended preclusion of other remedies, and whether Iron Workers Local 9's agreement bars arbitration.

jurisdictional disputecollective bargaining agreementarbitrationsummary judgmentlabor management relations actunion disputework assignmenttripartite arbitrationImpartial Jurisdictional Dispute Boardfederal labor law
References
13
Case No. MISSING
Regular Panel Decision

National Labor Relations Board v. Goodman

This case involves an appeal concerning the interaction between the National Labor Relations Act and the Bankruptcy Code. Appellants, the NLRB and the Union, challenged a Bankruptcy Court order that shielded James M. Goodman and Goodman Automatic Sprinkler Corporation (GASC) from labor law liabilities based on Goodman's Chapter 7 discharge. The District Court affirmed that Goodman's personal discharge protects him from pre-petition monetary and non-monetary obligations arising from a rejected collective bargaining agreement. However, the court reversed the Bankruptcy Court's finding that GASC was also shielded, concluding that Goodman's discharge does not protect GASC from alleged obligations. The case was remanded to the bankruptcy court for further proceedings, including a determination of the alter-ego status of Goodman and GASC under applicable labor law standards.

BankruptcyChapter 7National Labor Relations ActUnfair Labor PracticesAlter Ego DoctrineCollective Bargaining AgreementDischargeable DebtsPrimary JurisdictionLabor LawEmployer Obligations
References
16
Case No. MISSING
Regular Panel Decision

Luthiger v. Dudo

The plaintiff, a retail bakery owner, sought a temporary injunction to halt picketing by the defendant union after terminating three unionized employees, asserting he and his wife would operate the business solely. The union maintained that a labor dispute existed, citing the employees' union membership, their participation in a strike following collapsed contract negotiations, and the plaintiff's refusal to sign a new collective agreement. The court, applying Section 876-a of the Civil Practice Act, which limits injunctions in labor disputes, analyzed relevant precedents like Thompson v. Boekhout and Baillis v. Fuchs. It concluded that a "labor dispute" was indeed present because the employees were still employed when the strike commenced. Consequently, the plaintiff's motion for an injunction was denied due to his non-compliance with the statutory requirements of Section 876-a.

Labor disputepicketingtemporary injunctionCivil Practice Act 876-aemployer-employee relationshipunion strikecollective bargainingretail bakeryNew York lawsingle-owner business
References
8
Case No. 2-CP-937
Regular Panel Decision
Dec 20, 1996

Silverman v. Local 78, Asbestos, Lead & Hazardous Waste Laborers

Daniel Silverman, Regional Director of the National Labor Relations Board (NLRB), petitioned for a temporary injunction against Local 78, a labor union. The petition stemmed from a charge filed by AIA Environmental Corp. (AIA) alleging that Local 78 engaged in unfair labor practices by picketing AIA job sites to force recognition and a collective bargaining agreement without filing a proper petition, in violation of NLRA § 8(b)(7)(C). The court found reasonable cause to believe that Local 78's picketing had a recognitional objective and continued for over thirty days without the required petition. Concluding that the injunction was just and proper, the court granted the petition, enjoining Local 78 from violating the NLRA.

Labor LawTemporary InjunctionUnfair Labor PracticePicketingNational Labor Relations ActRecognitional PicketingUnion OrganizingSection 8(b)(7)(C)Publicity ProvisoEmployer-Union Dispute
References
13
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