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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

Brown v. County of Erie

This appellate case concerns the standing of petitioners, Building and Construction Trades Council of Buffalo and Vicinity and Operating Engineers Local 17 Training Fund, to challenge a public works contract awarded by Erie County to Tom Greenauer Development, Inc. Petitioners argued the contract was invalid due to Greenauer's non-compliance with a local law requiring a certified worker training program. The Supreme Court's decision granting the petition was reversed on appeal, with the appellate court concluding that petitioners lacked standing. The court held that petitioners failed to demonstrate an actual injury in fact distinct from the general public, deeming their alleged harm speculative and insufficient for associational or organizational standing. A dissenting opinion argued that petitioners did have standing, emphasizing the local law's intent to promote apprenticeship programs and the direct impact of the county's non-compliance on petitioners' ability to participate.

StandingPublic ContractsLocal LawWorker Training ProgramApprenticeshipErie CountyCPLR Article 78PreemptionERISAInjury in Fact
References
12
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

American Train Dispatchers Ass'n v. Metro-North Commuter Railroad

Plaintiff American Train Dispatchers Association (ATDA) accused defendant Metro-North Commuter Railroad Company of violating the Railway Labor Act (RLA) by unilaterally implementing changes to work rules and conditions without prior union consultation. The changes concerned sick leave, vacation days, training time, work attire, and drug/alcohol testing. The court classified these disputes as either 'major' or 'minor' under the RLA. It found that the automatic requirement for doctor's certificates for sick days not contiguous to rest days, holidays, or vacation, and the new work attire policy constituted 'major disputes', and thus granted a permanent injunction to restore the status quo. However, the court deemed disputes over training time, single vacation days, and sick days contiguous to rest days/holidays/vacation as 'minor disputes', denying injunctive relief for these. The court also denied injunctive relief for random drug testing due to insufficient evidence, noting that the issue of drug testing as part of regular medical examinations was being addressed in a separate ruling.

Railway Labor ActMajor DisputeMinor DisputeInjunctive ReliefWork RulesSick Leave PolicyVacation PolicyTraining TimeDress CodeDrug Testing
References
14
Case No. 2017 NY Slip Op 01454
Regular Panel Decision
Feb 23, 2017

Sokolovic v. Throgs Neck Operating Co., Inc.

This case involves an appeal concerning hold harmless and indemnity agreements. The Supreme Court, Bronx County, initially granted Vision Healthcare Services' motion to enforce a hold harmless agreement and Throgs Neck Operating Company, Inc.'s motion for summary judgment on its contractual indemnity claim against Vision. The Appellate Division, First Department, affirmed these orders. The court held that the plaintiff was obligated to hold Vision harmless from Throgs Neck's indemnification claim due to a hold harmless agreement executed during settlement. It further clarified that a nurse provided by Vision to Throgs Neck remained Vision's general employee, thereby triggering Vision's contractual indemnity obligation, despite being considered a special employee of Throgs Neck for the purpose of Throgs Neck's liability to the plaintiff.

hold harmless agreementcontractual indemnityspecial employeegeneral employeestaffing agreementsettlement agreementsummary judgmentnegligenceagency liabilityappellate review
References
3
Case No. MISSING
Regular Panel Decision

Jones v. International Union of Operating Engineers

The plaintiff alleged racial discrimination and violations of state and federal labor laws against Local 158 of the International Union of Operating Engineers, AFL-CIO, and its agents. The plaintiff claimed he was denied training for a plant operator position and that the union failed to properly process his grievances, motivated by racial discrimination and retaliation. The defendants moved for summary judgment, arguing various legal deficiencies including lack of jurisdiction for LMRA claims, no individual liability under Title VII, and insufficient evidence for discrimination, failure to promote, and retaliation claims. The court granted summary judgment for the defendants on all counts, finding no actionable breach of duty of fair representation, discriminatory intent, or adverse employment action, and dismissed other claims based on lack of jurisdiction or being time-barred.

DiscriminationRacial DiscriminationLabor LawCollective Bargaining AgreementDuty of Fair RepresentationSummary JudgmentNational Labor Relations ActEqual Pay ActTitle VIISection 1981
References
54
Case No. 2018 NY Slip Op 01980, 525411
Regular Panel Decision
Mar 22, 2018

Matter of Portlette v. Manhattan & Bronx Surface Tr. Operating Auth.

Claimant Oneshiua Portlette, a bus operator, appealed a Workers' Compensation Board decision denying her claim for benefits. Initially, her employer, Manhattan & Bronx Surface Transit Operating Authority, paid benefits for injuries Portlette reported sustained in a bus accident. However, the employer later suspended payments and raised fraud concerns after video evidence contradicted Portlette's account of the incident and her injuries. A Workers' Compensation Law Judge (WCLJ) and subsequently the Board found that Portlette failed to prove a causally-related injury and made material misrepresentations. The Appellate Division affirmed the Board's decision, finding no error in the Board's consideration of the employer's evidence despite a lack of timely notice of controversy, and upholding the Board's resolution of conflicting medical opinions which supported that no causally-related injury occurred.

Workers' CompensationCausationFraudVideo EvidenceMedical OpinionNotice of ControversyPreclusionAppellate ReviewBus OperatorInjury Claim
References
7
Case No. MISSING
Regular Panel Decision
Aug 04, 1993

Joint Apprenticeship & Training Council of Local 363 v. New York State Department of Labor

The plaintiff, Joint Apprenticeship and Training Council of Local 363 (JATC), sought a preliminary injunction to prevent the New York State Department of Labor (NYSDOL) from deactivating its status as a registered apprenticeship training program. JATC argued that deactivation procedures should mirror deregistration, requiring a hearing, and that the Fitzgerald Act provided a private right of action. The court denied the motion, finding no federal requirement for a hearing for deactivation and distinguishing it from deregistration, which has more severe consequences. Furthermore, the court concluded that the Fitzgerald Act does not create a private right of action for program sponsors. The court also found no irreparable harm to the plaintiff or its apprentices, as apprentices could transfer to other programs without losing credit, and the JATC program could re-register or continue unregistered.

Preliminary InjunctionApprenticeship ProgramDeactivationDeregistrationNew York State Department of LaborFitzgerald ActPrivate Right of ActionIrreparable HarmFederal RegulationsState Regulations
References
11
Case No. CV 96 3467 (RJD)
Regular Panel Decision
Jun 09, 1997

Gray v. GROVE MFG. CO., DIV. OF KIDDE, INC.

Plaintiffs, including union officials and beneficiaries of Local 14, initiated an action against Grove Manufacturing Company for tortious interference with contract and prima facie tort, also seeking a permanent injunction. The case was removed to the United States District Court, E.D. New York, due to a federal pre-emption claim under section 301 of the Labor Management Relations Act of 1947. The core dispute revolved around Grove's marketing of a 'cherrypicker' crane, allegedly enabling employers to bypass a Collective Bargaining Agreement (CBA) requiring a union member for cranes exceeding a certain lift capacity. The court dismissed the prima facie tort claim, citing inadequate pleading of special damages and insufficient evidence of 'disinterested malevolence.' Furthermore, the court granted summary judgment to Grove on the tortious interference and injunction claims, ruling that these state law claims were pre-empted by LMRA § 301 because their resolution necessitated interpretation of the CBA and implicated fundamental federal labor law principles, including the strong policy favoring arbitration.

Labor LawLMRA Section 301Pre-emptionTortious InterferencePrima Facie TortCollective Bargaining AgreementSummary JudgmentFederal JurisdictionArbitrationUnion
References
27
Case No. MISSING
Regular Panel Decision
Apr 08, 2009

Tepperwien v. Entergy Nuclear Operations, Inc.

Plaintiff James Tepperwien filed a Title VII action against his former employer, Entergy Nuclear Operations, Inc., alleging same-sex sexual harassment by a co-worker, Yito Messina, and subsequent retaliation. The harassment included physical assault and sexually explicit remarks, which Tepperwien reported to management. Entergy moved for summary judgment on claims of hostile work environment, retaliation, and constructive discharge. The court denied summary judgment on the hostile work environment and a portion of the retaliation claim, finding sufficient factual disputes for trial. However, the court granted summary judgment to Entergy on the constructive discharge claim, concluding that the plaintiff's working conditions were not objectively intolerable.

Same-sex harassmentTitle VIIHostile work environmentRetaliationConstructive dischargeSummary judgmentWorkplace discriminationSexual harassmentEmployer liabilityFederal court decision
References
50
Case No. 2020 NY Slip Op 07342 [189 AD3d 970]
Regular Panel Decision
Dec 09, 2020

Benitez v. Bolla Operating LI Corp.

Walter Hernandez Benitez, a former deli worker, initiated a putative class action against Bolla Operating LI Corp. and other entities. He sought unpaid 'spread-of-hours' compensation, alleging that his employment at various Bolla Market locations entitled him to such pay under the Hospitality Industry Wage Order. The defendants successfully moved to dismiss the complaint for failure to state a cause of action, a decision affirmed by the Supreme Court, Nassau County. The Appellate Division, Second Department, further affirmed this ruling, concluding that the Bolla Market locations did not meet the regulatory definitions of 'restaurants' or '[f]ast [f]ood [e]stablishments.' Consequently, the plaintiff was not entitled to the claimed spread-of-hours compensation, and his motion for class action certification was denied as academic.

Unpaid WagesSpread-of-Hours CompensationHospitality Industry Wage OrderClass ActionMotion to DismissCPLR 3211Deli WorkersRestaurant DefinitionFast Food EstablishmentAppellate Division
References
6
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