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

Case No. CIV-88-1404C, CIV-90-481C
Regular Panel Decision

CSX Transportation, Inc. v. United Transportation Union

CSX Transportation, Inc. (CSXT) initiated the sale of a 369-mile rail line, which threatened the jobs of 226 employees. In response, the United Transportation Union and American Train Dispatchers Association (the Unions) invoked the Railway Labor Act (RLA) § 6, seeking to negotiate labor-protective provisions and preserve the status quo. The district court initially deemed the dispute 'minor' due to CSXT's plausible contractual defense, allowing the sale to proceed while the matter went to arbitration. A special adjustment board subsequently found CSXT's contractual defense unavailing, concluding that existing agreements did not permit the sale without prior bargaining over employee impacts. This court affirmed the board's jurisdiction and its finding, clarifying that the Unions were indeed entitled to status quo preservation during such bargaining, distinguishing its ruling from other circuits that had broadened management prerogative in partial business sales. The case is now remanded to the board to determine the appropriate remedies for the affected union members.

Railway Labor ActLabor DisputeCollective BargainingStatus QuoLine SaleArbitrationMajor DisputeMinor DisputeManagement PrerogativeEmployee Protection
References
51
Case No. MISSING
Regular Panel Decision
Jun 10, 2021

Matter of Gaylord v. Buffalo Transp., Inc.

Claimant Kevin Gaylord, a bus driver for Buffalo Transportation, Inc., sustained multiple injuries after being struck by a car. Buffalo Transportation had a personnel leasing agreement with Southeast Personnel Leasing, Inc. (SPLI), a professional employer organization, which procured a workers' compensation policy from State National Insurance Company, Inc. State National controverted Gaylord's claim, arguing he was not a covered worksite employee. The Workers' Compensation Board determined that SPLI was statutorily obligated to provide coverage and State National was the proper carrier. The Appellate Division, Third Department, affirmed, concluding that SPLI was a co-employer and the State National policy covered Gaylord, as it did not clearly exclude him.

Workers' CompensationProfessional Employer OrganizationPEOCo-employmentInsurance Coverage DisputeStatutory ObligationAppellate ReviewCarrier LiabilityLease AgreementBus Driver Injury
References
8
Case No. MISSING
Regular Panel Decision

Decker v. CSX Transportation, Inc.

Plaintiffs, including the United Transportation Union and Local 377, initiated an action in state court against CSX Transport, Inc. (CSXT), alleging violations of the Railway Labor Act's status quo provisions related to CSXT's planned sale of a rail line. CSXT moved for dismissal, contending that the plaintiffs' notice was barred by a national agreement moratorium, Local 377 lacked standing, the carrier held a unilateral right to sell lines, and the Interstate Commerce Commission (ICC) preempted RLA Section 6. Conversely, plaintiffs asserted that the National Mediation Board had docketed their dispute as major, the sale was a tactic to circumvent RLA provisions, and the moratorium did not apply to them due to local bargaining representation. The court, drawing parallels with Railway Labor Executives’ Association v. Staten Island Railroad Corp., determined that the ICC's authorization of the sale brought the matter under its exclusive jurisdiction. Consequently, the court found itself unable to provide a remedy without interfering with the ICC's order and granted CSXT's motion to dismiss for failure to state a claim.

Railway Labor ActStatus Quo ProvisionsMotion to DismissRail Line SaleInterstate Commerce CommissionPreemptionCollective BargainingLabor DisputeInjunctive ReliefJurisdiction
References
10
Case No. MISSING
Regular Panel Decision

Fifth Avenue Coach Lines, Inc. v. Transport Workers of America, Local 100

Plaintiffs Fifth Avenue Coach Lines, Inc. and Surface Transit, Inc. sued Transport Workers of America, Local 100, Transport Workers of America, and Michael J. Quill for damages alleging a breach of collective bargaining agreements following a 1962 strike. The Union defendants moved for a stay of proceedings pending arbitration, arguing the dispute fell within the arbitration clauses of their agreements. Defendant Michael J. Quill moved to dismiss the action against him, contending that Section 301(a) of the Taft-Hartley Act does not permit actions against individual union officers. The court found the arbitration clauses sufficiently broad to cover the strike issue and granted the stay of proceedings. Additionally, the court granted Quill's motion to dismiss, citing Supreme Court precedent that such actions are against the union, not its president.

ArbitrationCollective Bargaining AgreementStrikeTaft-Hartley ActMotion to StayMotion to DismissUnion LiabilityIndividual LiabilityNo-Strike ClauseGrievance Procedure
References
4
Case No. 533111
Regular Panel Decision
Aug 31, 2023

In the Matter of the Claim of Tara Brown

The claimant, Tara Brown, sought workers' compensation benefits for injuries sustained during employment as a medical driver. Buffalo Transportation, Inc. was initially identified as the employer, with State National Insurance Company, Inc. (carrier for Southeast Personnel Leasing, Inc. - SPLI) providing coverage. The Workers' Compensation Board initially found Buffalo Transportation liable and State National as the carrier. However, the Board later amended its decision, ruling that Brown was not a leased employee of SPLI, thus not covered by State National's policy, and rescinded State National's liability. As a result of this amended decision, the instant appeal by SPLI and State National from the original September 10, 2020 decision was dismissed as moot because they were no longer aggrieved parties.

Workers' CompensationEmployment InjuryMotor Vehicle AccidentEmployee LeasingInsurance Coverage DisputeMoot AppealAppellate DivisionCarrier LiabilityBoard Decision AmendmentThird Judicial Department
References
4
Case No. MISSING
Regular Panel Decision

Gotham Logistics, Inc. v. Local 917 International Brotherhood of Teamsters

Plaintiffs, Gotham Logistics, Inc., Bestway Services, Inc., and Bestway Logistics Transportation, Inc., trucking companies, initiated an action against Defendant Local 917 of the International Brotherhood of Teamsters and its Secretary-Treasurer under the Labor Management Relations Act, alleging an unfair labor practice and tortious interference with contract. The dispute arose after the Union negotiated a new collective bargaining agreement with SWS, an employer of the plaintiffs' services, leading SWS to hire more in-house unionized employees and consequently reducing its need for plaintiffs' external trucking services. Plaintiffs argued this constituted an unlawful secondary boycott. The court, presided over by District Judge Wexler, granted the Defendants' motion to dismiss, finding the Union's actions to be lawful primary activity directed at SWS concerning its own employees, rather than an unlawful secondary boycott aimed at the plaintiffs. As the federal claim was dismissed, the court declined to exercise jurisdiction over the remaining state law claims, dismissing the entire action.

Labor Management Relations ActUnfair Labor PracticeSecondary BoycottPrimary ActivityCollective Bargaining AgreementMotion to DismissRule 12(b)(6) FRCPTortious Interference with ContractJurisdictionTrucking Services
References
14
Case No. 2023 NY Slip Op 06422 [222 AD3d 1147]
Regular Panel Decision
Dec 14, 2023

Matter of Brown v. Buffalo Transp., Inc.

Claimant Tara Brown sought workers' compensation benefits after a motor vehicle accident, identifying Buffalo Transportation, Inc. as her employer. The Workers' Compensation Board initially found Brown was an employee of Buffalo Transportation and that State National Insurance Company, as the carrier for Southeast Personnel Leasing, Inc. (SPLI), was responsible for coverage. However, the Board later amended its decision, affirming Brown's employment with Buffalo Transportation but concluding she was not a leased employee covered by SPLI's policy, thus placing the Uninsured Employers' Fund on notice. The Appellate Division affirmed the Board's amended decision, upholding the finding that Brown was an employee of Buffalo Transportation and not a leased employee, thereby distinguishing the matter from prior similar cases.

Workers' Compensation BenefitsEmployment RelationshipProfessional Employer Organization (PEO)Insurance Coverage DisputesEmployer LiabilityUninsured Employers' FundAppellate ReviewBoard Decision AmendmentMotor Vehicle Accident ClaimStatutory Interpretation
References
10
Case No. 536090
Regular Panel Decision
Dec 14, 2023

In the Matter of the Claim of Tara Brown

Tara Brown sought workers' compensation for injuries sustained as a medical transport driver. The Workers' Compensation Board initially found Buffalo Transportation, Inc. to be her employer and State National Insurance Company as the responsible carrier. However, in an amended decision, the Board concluded that Brown was an employee of Buffalo Transportation but *not* a leased employee covered by State National's policy with Southeast Personnel Leasing, Inc. Consequently, the Uninsured Employers' Fund was put on notice due to Buffalo Transportation's lack of coverage. The Appellate Division affirmed the Board's decision, finding substantial evidence supported the distinction from previous cases and the finding that Brown was not a leased employee.

Workers' CompensationEmployment RelationshipProfessional Employment Organization (PEO)Leased EmployeesInsurance CoverageUninsured Employers' FundAppellate ReviewJudicial ReviewEvidence SufficiencyBoard Jurisdiction
References
10
Case No. MISSING
Regular Panel Decision

Arias-Mieses v. CSX Transportation, Inc.

Carlos Arias-Mieses, a pro se plaintiff, sued his former employer, CSX Transportation, Inc. (CSXT), under Title VII for discriminatory termination, unequal employment terms, and retaliation. CSXT moved to dismiss the complaint, arguing it was time-barred by the statute of limitations. The Court found that Arias-Mieses's termination on July 9, 2007, started the 300-day period for filing with the EEOC. His complaint was not forwarded to the EEOC until July 31, 2008, which was beyond the 300-day limit. The Court denied equitable tolling or estoppel and granted CSXT's motion to dismiss because the claim was time-barred.

Title VIICivil Rights Act of 1964Employment DiscriminationRetaliationDiscriminatory TerminationStatute of LimitationsEEOC FilingEquitable TollingMotion to DismissPro Se Litigant
References
30
Case No. MISSING
Regular Panel Decision

Roca v. Westbury Transport Inc.

This case involves a dispute between the Teamsters Local 814 Pension, Welfare, and Annuity Trust Funds and Westbury Transport, Inc. concerning Westbury's obligation to contribute for an employee, James Dawson. The core issue centers on interpreting the Collective Bargaining Agreement (CBA) regarding 'seniority' and 'seasonal employees,' which dictates the contribution requirements. Both parties moved for summary judgment, presenting conflicting interpretations of the CBA's provisions. The court denied both motions, ruling that a de novo standard of review applies to employer contribution obligations under a CBA, rather than the arbitrary and capricious standard. The court found that the relevant clauses of the CBA were ambiguous, thereby creating genuine issues of material fact that preclude summary judgment and require a trial.

Collective Bargaining AgreementPension FundWelfare FundAnnuity FundTrust AgreementsSummary Judgment MotionContract InterpretationStandard of ReviewDe Novo ReviewArbitrary and Capricious Standard
References
14
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