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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

Rochester Club v. New York State Labor Relations Board

The petitioner, an employer, was charged with unfair labor practices by the New York State Labor Relations Board. Despite a trial examiner's recommendation to dismiss the complaint, the Board found unfair labor practices and ordered the matter reopened for further hearings to determine employee reinstatement and back pay. The petitioner initiated an Article 78 proceeding to review this Board order, which the Board moved to dismiss as non-final. The court held that under New York Labor Law, the Board's order, granting no relief and requiring further evidence, is an interlocutory order not subject to immediate judicial review. The court distinguished this from federal practice, where similar orders may be considered final, due to differences in state and federal procedural acts. Consequently, the court dismissed the petition, ruling that a final order from the Board was still pending.

Administrative LawJudicial ReviewFinal OrderInterlocutory OrderLabor LawUnfair Labor PracticeNew York State Labor Relations BoardArticle 78 ProceedingAppellate ProcedureStatutory Interpretation
References
8
Case No. MISSING
Regular Panel Decision

Reynolds Ex Rel. National Labor Relations Board v. Curley Printing Co.

The National Labor Relations Board sought a temporary injunction against Curley Printing Company, Inc. under Section 10(j) of the National Labor Relations Act, following unfair labor practice charges by Printing Pressmen Local 37 and Nashville Bookbinders Local 83. The court found reasonable cause to believe that Curley Printing engaged in unfair labor practices including retaliatory shift changes, layoffs, subcontracting, harassment, unlawful discharges of employees (Robert Proper, Clarence Nail, Garner Norfleet), and refusal to bargain in good faith after the Bookbinders' union victory. The court granted the injunction, compelling the company to cease these practices, bargain in good faith, and reinstate most of the affected employees, excluding Clarence Nail due to his other full-time employment and unionization purpose. The decision aimed to prevent the dissipation of union support pending the Board's final adjudication.

Unfair Labor PracticesTemporary InjunctionNational Labor Relations ActUnion BustingEmployee ReinstatementCollective BargainingShift ChangesLayoffsSubcontractingEmployee Harassment
References
3
Case No. W2013-00673-COA-R3-CV
Regular Panel Decision
Jun 19, 2014

Practical Ventures, LLC d/b/a AAA Cash Fast v. James Neely, Commissioner of the Tennessee Department of Labor and Workforce Development, and Danyelle A. McCullough

This case involves an appeal from an administrative decision regarding unemployment benefits. Practical Ventures, LLC, the employer, appealed the decision by the Tennessee Department of Labor and Workforce Development, which found claimant Danyelle A. McCullough eligible for unemployment benefits based on "constructive discharge." The employer discovered financial irregularities in McCullough's store, suspended her, and requested her keys. McCullough claimed she was planning to quit anyway due to her daughter's illness. The Court of Appeals reversed the lower court's affirmance, holding that the doctrine of constructive discharge is inapplicable to unemployment compensation proceedings and that McCullough's actions amounted to a voluntary termination of employment without good cause, thus disqualifying her from benefits.

Unemployment BenefitsConstructive DischargeVoluntary TerminationFinancial MisconductEmployee SuspensionAdministrative DecisionJudicial ReviewAppellate CourtLabor LawWorkforce Development
References
25
Case No. 16-CA-12241
Regular Panel Decision
Oct 30, 1985

Dunn v. Pilgrim Industries, Inc.

The Regional Director of Region Sixteen of the National Labor Relations Board (NLRB), Michael Dunn, filed a verified petition for a temporary injunction under Section 10(j) of the National Labor Relations Act against Pilgrim Industries, Inc. The petition alleged that Pilgrim Industries engaged in unfair labor practices by refusing to bargain with the United Food and Commercial Workers, Local 540, following its acquisition of Pluss-Tex Poultry Company, and by unilaterally implementing changes to employee benefits and work shifts. The court found reasonable cause to believe that unfair labor practices had occurred. However, it declined to issue a mandatory bargaining order, citing insufficient evidence of irreparable harm to the Union that could not be remedied by a final Board order. The court instead granted a prohibitory injunction, restraining Pilgrim Industries from actions intended to erode employee support or membership in the Union and from unlawfully dissipating Union strength, while explicitly allowing the previously instituted pay increase, pension plan, and second work shift to remain. The ultimate resolution of successor employer status and bargaining duty was deferred to the NLRB.

National Labor Relations ActSection 10(j) InjunctionUnfair Labor PracticeSuccessor EmployerDuty to BargainUnilateral ChangesCollective BargainingLabor DisputeTemporary InjunctionProhibitory Injunction
References
12
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

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

New York State Labor Relations Board v. Club Transportation Corp.

This case involves an employer, Club Transportation Corp., accused of an unfair labor practice by an entity referred to as "Appellant." The accusation stemmed from the employer's requirement that former employees of Suburban Bus Co., Inc. join the Transport Workers Union of America as a condition of their new employment. The Appellant initially found this constituted an unfair labor practice, arguing it discouraged membership in the employees' former union. However, the majority opinion reversed this finding and granted the employer's application, concluding that such discrimination was permissible due to a valid pre-existing closed shop agreement between Club Transportation Corp. and the Transport Workers Union. Presiding Justice Nolan dissented, contending that the closed shop agreement, made with a properly designated representative, legally justified the employment condition under Labor Law § 704, subd. 5, and the order upholding the Appellant's initial finding should have been affirmed.

Unfair Labor PracticeClosed Shop AgreementLabor UnionCondition of EmploymentDiscriminationCollective BargainingAppellate DecisionDissenting OpinionLabor LawEmployer Employee Relations
References
1
Case No. MISSING
Regular Panel Decision

Devon Knitwear Co. v. Levinson

The plaintiffs filed a motion to strike an affirmative defense presented by the defendant labor union. The union argued that the plaintiffs came to court with 'unclean hands' due to their alleged refusal to bargain collectively, constituting an unfair labor practice under the National Labor Relations Act. Plaintiffs contended that the court lacked jurisdiction over unfair labor practices, as this power is exclusively vested in the National Labor Relations Board. The court clarified that while the NLRB has exclusive jurisdiction to *prevent* unfair labor practices, the court retains its inherent equitable power to deny relief to a party with 'unclean hands'. Therefore, the court found the union's defense legally sufficient and denied the plaintiffs' motion to strike.

EquityInjunctionUnclean HandsNational Labor Relations ActLabor LawUnfair Labor PracticesJurisdictionAffirmative DefenseMotion to StrikeCollective Bargaining
References
6
Case No. MISSING
Regular Panel Decision

Mattina v. Chinatown Carting Corp.

The Regional Director of the National Labor Relations Board (NLRB) moved for a preliminary injunction against Chinatown Carting Corp. (CCC), alleging violations of the National Labor Relations Act through unfair labor practices, including interrogations, threats, promises of benefits, and unlawful discharges to discourage union activity, as well as failure to bargain in good faith. Judge Marrero found reasonable cause to believe unfair labor practices occurred based on the NLRB Hearing record where CCC did not appear to rebut the allegations. The Court granted the preliminary injunction, ordering CCC to cease its unfair labor practices, recognize and bargain with the Union, provide requested information, comply with the collective bargaining agreement, and reinstate discharged employees and restore a job offer.

National Labor Relations ActUnfair Labor PracticesPreliminary InjunctionSection 10(j)Collective Bargaining AgreementUnion MembershipEmployee RightsEmployer RetaliationReinstatementStatus Quo Ante
References
18
Case No. MISSING
Regular Panel Decision
May 12, 2010

Mattina v. Ardsley Bus Corp.

This case involves Celeste J. Mattina, Regional Director for Region 2 of the National Labor Relations Board, seeking temporary injunctive relief against Ardsley Bus Corp. under Section 10(j) of the NLRA. The General Counsel alleged that Ardsley engaged in unfair labor practices, including unlawfully withdrawing recognition from the Transport Workers Union and making unilateral changes to employment terms. The court reviewed the administrative record, found reasonable cause to believe Ardsley committed these unfair labor practices, and determined that temporary injunctive relief is just and proper to prevent irreparable harm and restore the status quo. The injunction requires Ardsley to cease various unfair labor practices and to bargain in good faith with the Union.

Temporary InjunctionUnfair Labor PracticesNational Labor Relations ActCollective Bargaining AgreementUnion DecertificationRefusal to BargainUnilateral ChangesEmployee RightsStatus Quo AnteInjunctive Relief
References
22
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