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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

Mandavia v. Columbia University

Chirag Mandavia, a former employee of Columbia University, sued his employer and several former colleagues for employment discrimination under Title VII, and his union, 1199 SEIU, for breach of the duty of fair representation. Mandavia alleged disparate treatment, sexual harassment, and retaliation based on his race (Asian), sex (Male), and national origin (Asian Indian), leading to his suspension and termination. He also contested the validity of a settlement agreement signed under alleged duress and without knowing and voluntary waiver of his rights. The District Court granted the motions to dismiss for his colleagues (David Figurski, Yuan Hua, and Angel Tibbs Filsaime) and the union (1199 SEIU) with prejudice, finding no individual liability under Title VII for colleagues and the union claim time-barred. Columbia University's motion to dismiss regarding the validity of the settlement agreement was denied, allowing that claim to proceed, but its motion to dismiss the retaliation claim was granted. Lastly, Mandavia's motion for reimbursement of ticket and visa costs was denied.

Employment DiscriminationTitle VIIRetaliationDuty of Fair RepresentationMotion to DismissEconomic DuressKnowing and Voluntary WaiverCollective Bargaining AgreementNLRBUSCIS
References
53
Case No. MISSING
Regular Panel Decision

Perkins v. 199 SEIU United Healthcare Workers East

Craig Perkins sued his employer, Bronx Lebanon Hospital, and his union, 199 SEIU United Healthcare Workers East, alleging various labor law violations. Perkins claimed the Hospital wrongfully assigned him duties, denied lunch breaks, and failed to pay overtime, violating LMRA, FLSA, and NYLL. He also accused the Union of breaching its duty of fair representation by ignoring his requests for grievance filings, in violation of NLRA. The Hospital and Union moved to dismiss all claims. The Court granted the motions to dismiss Counts One through Four with prejudice, finding them time-barred and failing to state a claim. Counts Five and Six (FLSA and NYLL overtime claims) were dismissed without prejudice, allowing Perkins leave to amend them with more specific factual allegations.

Duty of Fair RepresentationCollective Bargaining AgreementOvertime CompensationFair Labor Standards Act (FLSA)New York Labor Law (NYLL)Labor Management Relations Act (LMRA)National Labor Relations Act (NLRA)Motions to DismissStatute of LimitationsPleading Standards
References
42
Case No. MISSING
Regular Panel Decision

Park v. Trustees of the 1199 SEIU Health Care Employees Pension Fund

This case, brought under ERISA, involves Uon Suk Park and John Sullivan, as Administrator of Sallie Ann Park's Estate, against The Trustees of the 1199 SEIU Health Care Employees Pension Fund. The plaintiffs asserted claims regarding alleged failures to provide pension information, breaches of fiduciary duty, and non-compliance of the Summary Plan Description, stemming from Sallie Ann Park's death without having formally applied for pension benefits or designated beneficiaries. The defendants moved for summary judgment, contending that the Estate lacked standing and had not exhausted administrative remedies. The court granted the defendants' motion, ruling that the Estate was not an ERISA "beneficiary" and thus lacked standing. Furthermore, the court found that the Estate failed to exhaust administrative remedies for benefit claims and that its requests for equitable relief were essentially for money damages, which are not permissible under the cited ERISA provisions.

ERISAPension BenefitsFiduciary DutySummary Plan DescriptionExhaustion of Administrative RemediesStandingSummary JudgmentQualified Joint and Survivor AnnuityQualified Pre-retirement Survivor AnnuitySpousal Consent
References
50
Case No. MISSING
Regular Panel Decision

4200 Avenue K LLC v. Fishman

This case involves a dispute between Employer, 4200 Avenue K, LLC, and Local 32B-32J, SEIU, AFL-CIO, regarding a collective bargaining agreement. The employer moved for summary judgment to permanently stay arbitration, asserting it had properly canceled the agreement and withdrawn union recognition. The union cross-moved to compel arbitration, arguing the cancellation was ineffective due to the employer's failure to negotiate a successor agreement, and that the broad arbitration clause covered disputes over contract interpretation and termination. District Judge Robert L. Carter denied the employer's motion and granted the union's cross-motion, ruling that the arbitrability of the dispute, including the interpretation of the evergreen clause and the agreement's termination, falls within the scope of the arbitration clause. The court also found the motion to compel arbitration to be timely and that deferral to the NLRB was not required as the central issue was contractual interpretation.

ArbitrationCollective Bargaining AgreementEvergreen ClauseContract InterpretationSummary JudgmentLabor DisputesUnion RecognitionFederal CourtsNLRB JurisdictionTimeliness
References
18
Case No. MISSING
Regular Panel Decision

Williamsbridge Manor Nursing Home v. Local 144 Division of 1199, National Health & Human Services Employers Union

Plaintiff Williamsbridge Manor Nursing Home sought to permanently enjoin an arbitration hearing related to the suspension of its employee, Cynthia Sullivan. The defendant, New York’s Health & Human Services Employers Union 1199/SEIU, AFL-CIO, opposed this motion and cross-moved for summary judgment and/or dismissal. The core issue revolved around whether an obligation to arbitrate survived the expiration of the collective bargaining agreement (CBA) in October 1997, given that the incident leading to Sullivan's suspension occurred in December 1998. The court determined that the dispute did not arise under the expired CBA, nor was there an implied-in-fact agreement to arbitrate post-expiration disputes, as the plaintiff's conduct was inconsistent with implied consent. Furthermore, the court ruled that the plaintiff's petition was not moot, despite the arbitration having already taken place, because the court retains power to act until an arbitration award is confirmed. Consequently, the plaintiff's motion to permanently enjoin the arbitration was granted, and the defendant’s motion to dismiss for mootness was denied.

ArbitrationCollective Bargaining AgreementCBA ExpirationImplied-in-fact ContractFederal Arbitration ActLabor Management Relations ActPermanent InjunctionMootnessEmployee SuspensionJudicial Determination
References
25
Case No. MISSING
Regular Panel Decision

Thomas v. Little Flower for Rehabilitation & Nursing

The plaintiff, Stephanie Thomas, commenced an action against Little Flower for Rehabilitation & Nursing, 1199 SEIU National Benefit Fund, and 1199 SEIU United Healthcare Workers East (Local 1199). She alleged unlawful retaliation and breach of contract by Little Flower, breach of duty of fair representation by Local 1199, and COBRA violations by all three defendants. The COBRA claim against Local 1199 was later dismissed. Local 1199 moved to dismiss the remaining claims against it. The court found that Thomas plausibly alleged a meritorious grievance and that Local 1199 acted arbitrarily by failing to process her grievance or investigate it, thereby breaching its duty of fair representation. Consequently, Local 1199's motion to dismiss the complaint was denied.

Employment TerminationUnlawful RetaliationBreach of ContractDuty of Fair RepresentationMotion to DismissLabor LawUnion GrievanceCollective Bargaining AgreementERISACOBRA Claim
References
26
Case No. MISSING
Regular Panel Decision

Local 144, Hotel, Hospital, Nursing Home and Allied Services Union v. CNH Management Associates, Inc.

Plaintiff Local 144 sought to confirm an arbitration award against defendant CNH Management Associates regarding unpaid wages and benefits for workers at Concourse Nursing Home. CNH cross-moved to dismiss or vacate the award, arguing it was not final and that the arbitrator exceeded his powers. The court found that the arbitrator's interim order for CNH to immediately pay over $6 million into an escrow account was ripe for confirmation, viewing it as preliminary equitable relief to preserve the integrity of the final award. Consequently, the court confirmed this specific order but dismissed other aspects of Local 144's petition as not yet ripe for judicial review. The court also rejected CNH's arguments regarding the arbitrator's authority and the nature of the award.

Arbitration AwardCollective Bargaining AgreementInterim AwardEscrow AccountJudicial ReviewRipeness DoctrineArbitrator's AuthorityEquitable ReliefLabor DisputeWages and Benefits
References
5
Case No. MISSING
Regular Panel Decision

Paulsen v. PrimeFlight Aviation Services, Inc.

The Regional Director of the NLRB, James G. Paulsen, sought a preliminary injunction against PrimeFlight Aviation Services, Inc., alleging unfair labor practices for refusing to bargain with SEIU Local 32BJ. PrimeFlight, which took over airport services at JFK Terminal Five, hired a majority of unionized former employees from its predecessor, Air Serv. The court found reasonable cause to believe PrimeFlight was a a "Burns successor" and violated the NLRA by failing to recognize and bargain with the Union. The court also affirmed the NLRB's jurisdiction over PrimeFlight, rejecting claims it fell under the Railway Labor Act. Consequently, the preliminary injunction was granted in part, compelling PrimeFlight to engage in good-faith collective bargaining with the Union, subject to specific limitations.

National Labor Relations ActPreliminary InjunctionUnfair Labor PracticesSuccessor EmployerBurns DoctrineCollective BargainingUnion RecognitionJurisdiction DisputeRailway Labor ActNational Labor Relations Board
References
26
Case No. 13-CV-6290, 14-CV-6264, 15-CV-6285
Regular Panel Decision

Canady v. Union 1199

Plaintiff Mark Canady filed three consolidated lawsuits against the University of Rochester and 1199 SEIU Healthcare Workers East, alleging race-based discrimination and retaliation under Title VII of the Civil Rights Act and the New York Human Rights Law. Canady's employment at the University was marked by multiple disciplinary issues, including a termination that was later reversed through arbitration. Despite reinstatement, he continued to face disciplinary actions, leading to a transfer to a non-patient-care role. The defendants moved for summary judgment, arguing a lack of evidence for discrimination or retaliation and the presence of legitimate, non-discriminatory reasons for their actions. The court granted summary judgment, dismissing all of Canady's complaints, concluding he failed to establish prima facie cases of discrimination or retaliation, or to rebut the defendants' stated reasons.

DiscriminationRetaliationTitle VIINew York Human Rights LawSummary JudgmentEmployment LawRace DiscriminationUnion RepresentationDisciplinary ActionWorkplace Conduct
References
27
Case No. MISSING
Regular Panel Decision

Yarde v. Good Samaritan Hospital

This decision addresses motions for summary judgment in a case involving claims of racially-motivated discharge, hostile work environment, and unfair representation. Plaintiff, a black nurse named Yarde, was terminated from Good Samaritan Hospital (GSH) for breaching patient confidentiality and failing to attend investigatory meetings. The court dismissed her claims of discriminatory and retaliatory discharge against GSH, as well as all claims against her union (1199 SEIU) and its representative Lorraine Freiberg, finding no sufficient evidence of discrimination, retaliation, or unfair representation. However, the court denied GSH's motion for summary judgment regarding Yarde's hostile work environment claim against GSH and its employees Elizabeth Burton and Linda Bassi, allowing that specific claim to proceed to trial due to unresolved factual disputes concerning racial remarks and differential treatment.

Summary JudgmentRacial DiscriminationHostile Work EnvironmentUnfair RepresentationPatient Confidentiality BreachWorkplace RetaliationEmployment LawUnion GrievanceNurse TerminationChemical Dependency Unit
References
36
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