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

Case No. ADJ2488673 (WCK) 0068770
Regular
Jul 23, 2013

RONALD HULEGAARD vs. USS POSCO INDUSTRIES

This case involves an applicant, Ronald Hulegaard, and defendant USS POSCO INDUSTRIES in a workers' compensation matter. The applicant filed a Petition for Removal, which the Workers' Compensation Appeals Board (WCAB) reviewed. The WCAB denied the Petition for Removal, adopting and incorporating the reasoning provided in the administrative law judge's report. The decision was officially filed and served on July 23, 2013.

Petition for RemovalWorkers' Compensation Appeals BoardUSS POSCO INDUSTRIESAdministrative Law Judge ReportDenial of RemovalADJ2488673WCK 0068770Oakland District OfficeMarguerie SwedetRonnie G. Caplane
References
0
Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. ADJ286062 (OAK 0307695)
Regular
Apr 06, 2009

RICHARD BARTON vs. USS POSCO INDUSTRIES, USK CORPORATION

The Workers' Compensation Appeals Board granted reconsideration and affirmed a prior decision finding applicant sustained industrial injuries to his neck, right shoulder, and arms. The Board amended the decision to defer the issue of back injury and certain sanctions. Defendant challenged the original decision, arguing the WCJ erred in finding a back injury, a $\S 132(\text{a})$ violation, and in relying on a specific doctor's report. The Board adopted the WCJ's report, granting reconsideration to amend the findings and deferring those specific issues.

Workers' Compensation Appeals BoardLabor Code § 132(a)Petition for ReconsiderationDecision After ReconsiderationApplicantDefendantIndustrial InjuryLaborerPrimary Treating PhysicianSecondary Treating Physicians
References
0
Case No. 71 Civ. 2381
Regular Panel Decision
May 27, 1971

Botany Industries, Inc. v. New York Joint Board, Amalgamated Clothing Workers of America

Botany Industries, Inc., an employer, sought to vacate a labor arbitration award, while the New York Joint Board, Amalgamated Clothing Workers of America, the union, sought its confirmation and enforcement. The dispute arose from a 1966 agreement between Botany and the Joint Board, which restricted Botany from doing business with non-union manufacturers of boys', students', and junior clothing and from licensing its 'Botany' trademark under similar conditions. Botany argued these provisions constituted an illegal 'hot cargo' agreement under section 8(e) of the Labor Management Relations Act. The union contended the agreement was protected by the 'garment industry exemption' or was a 'work preservation clause.' The court, presided over by Chief Judge Edelstein, found it had jurisdiction to review the award. It determined Botany did not fall under the garment industry exemption, nor was the agreement a valid work preservation clause. Consequently, the court held the agreement void and unenforceable, thereby vacating Arbitrator Gray's award.

Labor LawArbitration AwardHot Cargo ClauseGarment Industry ExemptionCollective Bargaining AgreementJudicial ReviewUnfair Labor PracticeUnion AgreementContract EnforcementTrademark Licensing
References
40
Case No. MISSING
Regular Panel Decision

Salomon v. Adderley Industries, Inc.

Plaintiffs Geordany J. Salomon, Donielle Lewis, Dwight Edghill, and Shanroy Powell sought to amend their complaint against Adderley Industries, Inc. to include American Communications Industries, Inc. and several individuals (Lawrence Presser, Joseph Misseri, Vincent Cestaro) as additional defendants. They also requested to add a new claim under New York Labor Law Section 195. Judge Paul A. Crotty of the Southern District of New York reviewed the motion, applying Federal Rules of Civil Procedure 15(a) and 16(b). The court granted the motion to add the new corporate and individual defendants, finding that the plaintiffs were diligent in seeking the amendment after new information emerged during discovery and that the proposed claims of employer status were plausible under the FLSA and NYLL. However, the request to add the NYLL § 195 claim was denied because the plaintiffs failed to demonstrate sufficient good cause for its late inclusion.

Amendment of PleadingsJoinder of PartiesEmployer LiabilityFair Labor Standards ActNew York Labor LawWage and Hour ClaimsDiscoveryGood Cause StandardUndue DelayFutility of Amendment
References
36
Case No. MISSING
Regular Panel Decision

Textile Workers Pension Fund v. Findlay Industries, Inc.

The Textile Workers Pension Fund sued Findlay Industries Inc. for alleged unpaid contributions related to vacation and holiday pay, seeking back contributions, liquidated damages, and injunctive relief. Findlay Industries Inc. maintained that its collective bargaining agreements with four local unions only required contributions for 'hours worked,' not for vacation or holiday pay. The court found that Findlay had consistently contributed based on 'hours worked' since 1973, and the Fund had knowingly accepted this interpretation for many years. Despite previous audits and demands, the Fund's claims for additional contributions were rejected, and the court ruled that the collective bargaining agreements required contributions only for 'hours worked.' Consequently, all claims by the plaintiff Fund were dismissed on the merits.

Pension Fund DisputeCollective Bargaining AgreementHours WorkedVacation PayHoliday PayERISALMRAContract InterpretationEmployer ContributionsTrust Fund
References
1
Case No. MISSING
Regular Panel Decision

Erie County Industrial Development Agency v. Roberts

This CPLR article 78 proceeding addresses whether the prevailing wage requirement of Labor Law § 220 applies to private construction projects financed by industrial development agencies using tax-exempt bonds. The petitioners, Quo Vadis Editions, Inc. and Erie County Industrial Development Agency, challenged the Commissioner of Labor's determination that such projects constitute "public works." Special Term ruled against the Commissioner, prohibiting the application of the prevailing wage requirement. The appellate court affirmed Special Term's decision, concluding that these projects are not "public works" because their fundamental purpose is private, with the private developer retaining economic ownership and benefits, despite the agency's formal title for financing mechanisms.

Prevailing WageIndustrial Development AgenciesTax-Exempt BondsPublic Works DoctrineLabor LawGovernmental FunctionPrivate DevelopmentDeclaratory ReliefStatutory InterpretationEconomic Development Incentives
References
9
Case No. MISSING
Regular Panel Decision

Rudolph v. Joint Industry Board of the Electrical Industry

Plaintiff Paul Rudolph sought relief against the Joint Industry Board of the Electrical Industry (JIB) and the Pension Fund under ERISA for the denial of his disability pension. Rudolph, who suffered from coronary artery disease, diabetes, and hypertension, was terminated from JIB in 1998 due to his inability to perform work functions. The Pension Committee denied his application and subsequent appeal for disability benefits, concluding that he was not permanently incapacitated to the extent he could no longer secure gainful employment in the Electrical Industry or any other line of business. The court reviewed the Pension Committee's decision under the arbitrary and capricious standard, finding it was reasonable and supported by medical evidence. Ultimately, the defendant's motion for summary judgment was granted, affirming the denial of benefits.

ERISADisability PensionSummary JudgmentArbitrary and Capricious StandardDe Novo ReviewFiduciary DutyEmployee BenefitsPlan AdministrationMedical EvidencePension Committee
References
34
Case No. MISSING
Regular Panel Decision
Apr 15, 1964

United Electrical, Radio & Machine Workers v. Star Expansion Industries, Inc.

This case concerns a motion for a preliminary injunction filed by the United Electrical, Radio and Machine Workers of America (UE) against Star Expansion Industries, Inc. and Local #1968, International Brotherhood of Electrical Workers (IBEW). UE, newly certified as the bargaining agent, sought to displace IBEW in an ongoing arbitration concerning the discharge of employee Albert E. Dinges, which IBEW had commenced under its prior collective bargaining agreement. The court denied the injunction, affirming the arbitrator's decision that IBEW, as the union that initiated the grievance under its contract, retained the right to conclude the arbitration despite its decertification and contract expiration. The ruling emphasized the contractual nature of arbitration and the federal policy promoting industrial peace by allowing established proceedings to continue.

Collective BargainingUnion RepresentationArbitrationInjunctive ReliefDecertificationGrievanceLabor DisputeContractual ObligationFederal PolicyIndustrial Peace
References
10
Case No. MISSING
Regular Panel Decision
Feb 24, 1988

Settlement Home Care, Inc. v. Industrial Board of Appeals of the Department of Labor

Four related CPLR article 78 proceedings were brought by nonmunicipal petitioners (Settlement Home Care, Inc., Christian Community in Action, Inc., and CABS Home Attendants Service, Inc.) along with the City of New York and the Human Resources Administration, challenging determinations by the Industrial Board of Appeals of the Department of Labor. The determinations affirmed that the Commissioner of Labor had jurisdiction to issue labor violation notices against the nonmunicipal petitioners for failing to meet minimum wage requirements for sleep-in home attendants. The core issue was whether these home attendants were exempt from the State Minimum Wage Act under Labor Law § 651 (5) (a) as 'companions.' The court confirmed the board's finding that the attendants were not exempt because the clients were not considered employers, the principal purpose of the attendants was not companionship, and their principal duties included housekeeping. Consequently, the court confirmed the Industrial Board of Appeals' determinations and dismissed the proceedings on the merits.

Minimum Wage ActHome AttendantsLabor Law ExemptionCPLR Article 78Industrial Board of AppealsSleep-in EmployeesEmployer DefinitionCompanionship ExemptionHousekeeping DutiesAgency Determination Review
References
4
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