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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

Curran v. International Union, Oil, Chemical & Atomic Workers

Plaintiff, an employee of Carborundum Company, suffered a partial hand amputation in a "rubber roll" machine accident on March 8, 1979. He sued his unions, International Union, Oil, Chemical & Atomic Workers, AFL-CIO, and Abrasive Workers, Local 8-12058, Oil, Chemical & Atomic Workers International Union, alleging state law negligence for failing to safeguard him from dangers and a federal claim for breaching their duty of fair representation. The unions moved for summary judgment, arguing federal law preempts the negligence claim and they did not breach their duty of fair representation. The court granted the unions' motion regarding the negligence claim, ruling that a union's duty to its members, arising from a collective bargaining agreement, is governed exclusively by federal law and does not include a duty of care. However, the court denied the motion regarding the breach of fair representation claim, finding sufficient facts and allegations to infer that the unions may have discharged their duty in an arbitrary, perfunctory manner or in bad faith, thus leaving triable issues of fact.

Union LiabilityDuty of Fair RepresentationNegligence ClaimFederal PreemptionCollective Bargaining AgreementSummary Judgment MotionLabor LawWorkplace AccidentSafety and Health CommitteeArbitrary Union Action
References
8
Case No. MISSING
Regular Panel Decision
Apr 11, 1991

Gold v. Local Union No. 888

Leonard Gold, an employee for 29 years, was terminated by John Hancock Mutual Life Insurance Company following accusations of theft from a policyholder. Gold denied the allegations, attributing them to the policyholder's senility. The United Food and Commercial Workers International Union and Local Union No. 888, UFCW-AFL-CIO, represented Gold through the grievance process but ultimately withdrew their intent to arbitrate after an allegedly inadequate investigation by union official Andre Henault. Gold filed an action alleging breach of collective bargaining agreement by the Company and breach of the duty of fair representation by the union. The court denied John Hancock's motion for summary judgment, finding sufficient facts for a jury to infer the union handled Gold's grievance arbitrarily. Additionally, the court granted the union's motion to dismiss John Hancock's cross-claim, which was filed after the union settled with Gold, ruling it was barred.

duty of fair representationsummary judgmentgrievance processarbitrationcollective bargaining agreementwrongful terminationlabor lawunion settlementcross-claimfederal civil procedure
References
16
Case No. MISSING
Regular Panel Decision

Musto v. Transport Workers Union of America

Plaintiffs, former Title II Utility Men for American Airlines, represented by TWU and Local 501, alleged violations of the Railway Labor Act. They claimed the unions breached their duty of fair representation by deliberately eliminating their jobs during negotiations in 2002, leading to layoffs, and by failing to pursue their grievances. Plaintiffs also asserted American improperly laid them off, breaching collective bargaining agreements and Letters of Understanding. The court denied the unions' motions to dismiss the fair representation claims, finding sufficient evidence of bad faith and discrimination. However, plaintiffs' claims for punitive damages against the unions were dismissed. American's motion to dismiss, arguing minor disputes and lack of collusion, was also denied, as the court found a valid hybrid claim for breach of the CBA inextricably linked to the union's fair representation breach.

Railway Labor ActDuty of Fair RepresentationCollective Bargaining AgreementLayoffsSeniority RightsContract NegotiationGrievance ProcedureStatute of LimitationsPunitive DamagesHybrid Actions
References
29
Case No. MISSING
Regular Panel Decision

National Union Fire Insurance Co. v. Dominguez

This workers' compensation case addresses an allegation by Justo L. Dominguez, Jr. that National Union Fire Insurance Company, his compensation carrier, breached its duty of good faith and fair dealing. Dominguez initially settled a workers' compensation claim with National Union for $28,000, then filed a separate suit for breach of good faith. A jury awarded Dominguez $322,988.36, which the court of appeals partially affirmed and partially reversed. Citing Lyons v. Millers Casualty Insurance Company, the Texas Supreme Court held there was no evidence that National Union breached its duty of good faith and fair dealing, reversing the court of appeals' judgment and rendering judgment that Dominguez take nothing.

Workers' Compensation InsuranceGood Faith and Fair DealingBreach of DutyInsurance ClaimsAppellate ReviewNo Evidence StandardReversal of JudgmentCompensatory DamagesExemplary DamagesMental Anguish
References
5
Case No. MISSING
Regular Panel Decision

Willo Packing Co. v. Butchers, Food Handlers & Allied Workers Union, Local 174

The Employer sued the Union for breach of a no-strike provision in their collective bargaining agreement, seeking damages. The Union moved to stay the action and compel arbitration, arguing the dispute fell within the agreement's arbitration clause. The Employer countered that the grievance procedure leading to arbitration was exclusively for employee claims. District Judge Edward Weinfeld examined Articles 34 and 36 of the agreement, noting that the language regarding "complaints, grievances and disputes" implied a broader scope for arbitration beyond just employee grievances. Concluding that the no-strike breach could not be excluded with positive assurance from the arbitral process, the court granted the Union's motion, staying the action and directing the parties to arbitration.

Collective BargainingArbitrationNo-Strike ClauseLabor LawFederal CourtsContract InterpretationGrievance ProcedureMotion to StayNew York
References
11
Case No. MISSING
Regular Panel Decision

Gerber v. Amalgamated Transit Union Division 580

The plaintiff was fired by CNY Centro, Inc. and filed a grievance which the defendant union failed to arbitrate within the stipulated time. The plaintiff sued the union alleging negligence, breach of collective bargaining agreement, and fraudulent misrepresentation. The union moved to dismiss, arguing federal preemption and a six-month statute of limitations. The court held that it had jurisdiction over unfair representation claims in state courts. It applied the six-month federal statute of limitations to the negligence and breach of contract claims, finding them time-barred. However, the court applied New York's six-year statute of limitations for fraudulent misrepresentation, finding that claim timely.

Unfair RepresentationStatute of LimitationsFederal PreemptionLabor DisputesGrievance ArbitrationCollective Bargaining AgreementFraudulent MisrepresentationState Court JurisdictionNational Labor Relations ActDuty of Fair Representation
References
17
Case No. MISSING
Regular Panel Decision

Union Realty Company v. Family Dollar Stores of Tennessee, Inc.

This case concerns an appeal stemming from a premises liability action. Union Realty Company, owner of a shopping center, was sued following the death of an employee, Jo A. Parker, at a Family Dollar store. Union Realty then sued Family Dollar Stores (FDS) and its insurer, Travelers, alleging breach of a lease agreement requiring FDS to name Union Realty as an additional insured. The appellate court affirmed the trial court's denial of FDS's motion to dismiss for mootness, citing Travelers' reservation of rights during settlement of the underlying Parker lawsuit. However, the court reversed the summary judgment in favor of Union Realty, finding the lease did not obligate FDS to provide insurance coverage for Union Realty's sole negligence in common areas. Additionally, the court vacated the trial court's determination that FDS breached the lease due to a $250,000 deductible in the insurance policy.

Premises LiabilityInsurance CoverageBreach of ContractLease AgreementDuty to DefendAdditional InsuredSummary JudgmentMootness DoctrineAppellate ReviewContract Interpretation
References
8
Case No. MISSING
Regular Panel Decision

Carter v. Transp. Workers Union of Am. Local 556

Plaintiff Charlene Carter, a former flight attendant, sued Southwest Airlines and her union, Local 556, alleging wrongful termination and retaliation. She claims Southwest terminated her for RLA-protected speech and religious discrimination under Title VII after she posted pro-life content and criticized union leadership on Facebook. Carter also alleges Local 556 retaliated against her and breached its duty of fair representation by complaining to Southwest about her posts. The Court denied Southwest's motion to dismiss for lack of subject matter jurisdiction, finding her claims were not minor disputes under the RLA. However, the Court dismissed Carter's RLA claims against Southwest for failing to establish anti-union animus and constitutional retaliation claims against both defendants because they are private entities. The Title VII religious discrimination claim against Southwest was allowed to proceed, and the breach of duty of fair representation claim against Local 556 was dismissed without prejudice, with leave to amend. The RLA-based retaliation claim against Local 556 was also allowed to proceed.

Railway Labor ActTitle VII DiscriminationReligious DiscriminationWrongful TerminationRetaliation ClaimDuty of Fair RepresentationSocial Media PolicyUnion ActivitiesFreedom of SpeechPrivate Employer
References
76
Case No. MISSING
Regular Panel Decision

Mayes v. Local 106, International Union of Operating Engineers

The case involves plaintiff George A. Mayes suing Local 106, International Union of Operating Engineers, and its officers for alleged discrimination in job referrals and denial of rights under the Labor-Management Reporting and Disclosure Act (LMRDA). The defendants counterclaimed, seeking expenses incurred from Mayes' "baseless charges" against union members James Tommaney and Dan Lewis, citing violations of the Union's constitution and state law tort and breach of contract claims. Mayes moved for summary judgment, arguing good faith in filing charges under LMRDA and lack of court jurisdiction over the counterclaims. The court found material factual disputes regarding Mayes' motives, asserting jurisdiction over the counterclaims under 29 U.S.C. § 185. It also determined that the tort and breach of contract claims were sufficiently pleaded, thereby denying Mayes' motion for summary judgment and allowing the counterclaims to proceed.

Labour LawUnion DisputeSummary JudgmentCounterclaimsLMRDAFree SpeechUnion ConstitutionJurisdictionTort ClaimsBreach of Contract
References
13
Case No. MISSING
Regular Panel Decision

Local 553, Transport Workers Union v. Eastern Air Lines, Inc.

Plaintiff, Local 553, Transport Workers Union of America, AFL-CIO, sued defendant Eastern Air Lines, Inc., alleging violations of the Railway Labor Act. The dispute arose from Eastern's agreement to take over Braniff's Latin American routes and hire Braniff flight attendants, which the Union claimed breached their collective bargaining agreement's seniority clause. The Union argued this constituted a 'major' dispute under the RLA, requiring an injunction to preserve the status quo. The court analyzed whether the dispute was 'major' or 'minor,' the irreparable harm to the Union, and affirmative defenses raised by Eastern, including compliance with the Norris-LaGuardia Act and jurisdictional challenges. The court ultimately found the Union likely to succeed on the merits, established irreparable harm, and rejected Eastern's defenses, granting preliminary injunctive relief to the Union. Eastern was ordered to post flights for bid by seniority or compensate affected Union members.

Labor DisputeRailway Labor ActPreliminary InjunctionCollective Bargaining AgreementSeniority RightsStatus QuoAirline IndustryForeign NationalsInternational RoutesNorris-LaGuardia Act
References
38
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