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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

What Happened in Felix vs. Weber Metals Reconsideration?

This case involves a dispute between District 1199, National Union of Hospital and Health Care Employees, and Washington Heights-West Harlem-Inwood Mental Health Council, Inc. The union sought to enforce an arbitration award requiring the Council to rehire and provide back pay to an employee, Edward Lane. The Council cross-moved to vacate the award, arguing that no valid collective bargaining agreement with an arbitration clause existed between the parties. Although the parties had acted under the terms of a proposed agreement for a period, including processing some grievances and wage increases, no formal, signed contract had ever been executed. Citing recent appellate court decisions emphasizing contract formalism over implied intent, the District Court granted the Council's motion to vacate the arbitration award and denied the union's motion to enforce it, concluding that without a signed agreement, there was no contractual duty to arbitrate.

Arbitration AwardSummary JudgmentContract FormationCollective BargainingLabor DisputeContract FormalismVacation of AwardEnforcement of AwardMeeting of the MindsFederal Court
References
23
Case No. MISSING
Regular Panel Decision

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

The plaintiff, as president of a labor union, initiated an action seeking to obtain a roster of the union membership from an independent trade newspaper. The defendant, currently possessing the list, was instructed by the union's secretary-treasurer not to release it to the plaintiff due to an internal union dispute concerning the plaintiff's authority and alleged personal use of the list. The defendant's contract with the union did not explicitly provide for such delivery. The Special Term had previously granted a temporary injunction compelling the defendant to surrender the list. However, the appellate court reversed this decision, stating that a mandatory injunction pendente lite is an extraordinary measure justified only in unusual situations to maintain the status quo, which was not the case here given the sharp factual dispute. The court denied the motion and emphasized the need for a speedy plenary trial.

Labor Union DisputeTemporary InjunctionMandatory InjunctionPendente LiteTrade NewspaperMembership RosterUnion FactionsAuthority DisputeAppellate DivisionReversal
References
2
Case No. 05-15-01449-CV
Regular Panel Decision
Dec 29, 2016

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Donald Videtich appealed the trial court's grant of summary judgment in favor of Transport Workers Union of America (TWU) on his breach of contract claim. Videtich argued that TWU's Sick Leave & Short-Term Disability Policy altered his at-will employment status, guaranteeing him short-term disability benefits and continued employment for twelve months, and that he was not required to seek administrative remedies. The appellate court identified ambiguities in the Disability Policy regarding its modification of at-will employment and Videtich's eligibility for benefits. It also found unresolved fact issues concerning the formation of a bilateral or unilateral contract and whether Videtich was bound by the International Administrative Committee's (IAC) decision or required to exhaust internal TWU Constitutional appeals. Consequently, the court reversed the summary judgment and remanded the case for further proceedings.

Breach of contractAt-will employmentDisability policySummary judgmentAppellate reviewInternal remediesEmployment terminationLabor lawTexas lawContract ambiguity
References
13
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

Plaintiff, an electrical contracting corporation, initiated a defamation action against the defendant, a business manager for IBEW Local Union No. 724. The defendant had investigated the plaintiff's apprenticeship program, believing it was non-compliant with state labor laws and regulations. He filed complaints with the State Department of Labor, leading to an administrative hearing. Although an initial review found the plaintiff's program compliant, the defendant's persistence led to a formal hearing where the Commissioner of Labor ultimately dismissed the defendant's complaint. The plaintiff then sued for defamation, alleging that the defendant's written and oral statements during this process led to loss of contracts with Albany County. Special Term denied the defendant's motion for summary judgment, ruling that he was, at best, entitled to a qualified privilege and that issues of fact regarding malice existed. On appeal, the court determined that the administrative proceeding was quasi-judicial, based on its adversarial nature, reliance on law and facts, and susceptibility to judicial review under CPLR article 78. Consequently, the court concluded that the defendant's communications were protected by an absolute privilege, thereby reversing Special Term's orders and dismissing the plaintiff's complaint.

DefamationAbsolute PrivilegeQualified PrivilegeAdministrative LawQuasi-Judicial ProceedingsLabor Law ComplianceApprenticeship ProgramsFreedom of ExpressionPublic Policy ArgumentsSummary Judgment Motion
References
11
Case No. 06-01-00024-CV
Regular Panel Decision
Oct 24, 2001

Can a WCJ Be Disqualified for Appearance of Bias?

Duke Energy Field Services Assets, L.L.C. appealed a summary judgment rendered in favor of National Union Fire Insurance Company. Duke, as the current owner of a gas plant, sought a declaratory judgment that National Union was obligated to defend it in a personal injury lawsuit filed by a Zaval-Tex Construction Company employee, Rafael Chavez. The central issue was whether Duke qualified as an 'additional insured' under the liability insurance policy issued by National Union to Zaval-Tex, specifically regarding the policy's 'written contract' requirement. The trial court had granted National Union's motion for summary judgment, concluding Duke was not an additional insured due to the absence of a direct written contract between Duke and Zaval-Tex. The appellate court found that Duke presented sufficient summary judgment evidence to raise fact issues on several legal theories, including successor liability, adoption of the contract by action, and oral assignment, which could establish Duke as a party to the contract with Zaval-Tex. Consequently, the appellate court reversed the summary judgment and remanded the cause to the trial court for trial.

Insurance PolicyAdditional InsuredSummary JudgmentContract LawCorporate AcquisitionSuccessor LiabilityDeclaratory JudgmentAppellate ReviewTexas Court of AppealsWritten Contract Requirement
References
23
Case No. action No. 1
Regular Panel Decision
Aug 09, 2006

What Were the Key Rulings in Torrez vs. SuperShuttle?

Plaintiff labor unions initiated actions against the Metropolitan Transportation Authority (MTA), among others, seeking specific performance of a 1975 agreement concerning the continuation of employee pension obligations. The unions contended that the MTA was bound by the agreement's 'successors and assigns' provision after it assumed operations from private bus companies. The Supreme Court, Queens County, denied the MTA's motion to dismiss the complaint in action No. 1. On appeal, the Appellate Division reversed the lower court's order, granting the MTA's motion to dismiss. The Appellate Division held that the plaintiffs failed to allege facts establishing that the MTA, which was not an original party to the contract, had affirmatively assumed the duties under the agreement, a prerequisite for being bound by its terms as a successor or assignee.

Specific PerformanceContract LawSuccessor LiabilityMotion to DismissCPLR 3211(a)(7)Collective Bargaining AgreementPension ObligationsLabor UnionsMetropolitan Transportation AuthorityAppellate Division
References
13
Case No. MISSING
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

This lawsuit involves a contract action brought by six former employees against their union, the OCAW. The employees claimed an agreement for weekly compensation and insurance until they returned to work, which the union breached by discontinuing payments. The chancellor and Court of Appeals found a valid contract, but the Supreme Court reversed, finding no mutual assent to the contract's terms, particularly regarding the duration of payments. The court concluded that the agreement was too indefinite to be enforceable, and therefore, the payments made by the union were merely a gratuity.

Contract LawMutual AssentIndefiniteness of AgreementUnion LiabilityBreach of ContractLabor DisputeGratuitous PromiseAppellate ReviewContract InterpretationTennessee Supreme Court
References
23
Case No. MISSING
Regular Panel Decision

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Local Union No. 520, International Brotherhood of Electrical Workers, and its members sued contractors W. O. Harper and O. C. Linscomb to enforce a collective bargaining agreement mandating the employment of only union members. The contractors appealed a temporary injunction, arguing the agreement was unilateral, an unenforceable personal service contract lacking mutuality of remedy, and against public policy by creating a monopoly. The court affirmed the injunction, holding the agreement implied reciprocal obligations for the union, was not a personal service contract in its collective aspect, and was enforceable by injunction due to the inadequacy of legal remedies. Furthermore, the court found no evidence the contract violated public policy, as not all local contractors were bound, and the primary motive for breach was economic unprofitability, not an unlawful purpose.

Labor LawCollective BargainingUnion ContractContract EnforcementTemporary InjunctionSpecific PerformanceMutuality of ObligationPublic PolicyAntitrust LawTexas Civil Statutes
References
26
Case No. 2014 NY Slip Op 06377
Regular Panel Decision
Sep 25, 2014

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

The Appellate Division, First Department, reversed a Supreme Court order, granting National Union Fire Insurance Company's motion for summary judgment against JRP Contracting, Inc. The court declared that National Union had no duty to defend or indemnify JRP in an underlying personal injury action. National Union successfully argued that the plaintiff's alleged injuries (ligament and meniscal tears) were not "grave injuries" under Workers' Compensation Law § 11. Additionally, National Union's policy contained an exclusion for "liability assumed under a contract," further absolving it from the contractual indemnification claim. JRP's claim of prejudice due to National Union's withdrawal from defense was also rejected, as National Union had expressly reserved its rights.

Summary JudgmentGrave InjuryWorkers' Compensation LawDuty to DefendDuty to IndemnifyInsurance Policy ExclusionContractual IndemnificationPersonal InjuryAppellate Review
References
4
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

The case involves an appeal by an employer against a Special Term order compelling arbitration of disputes with a petitioner (union) following the expiration of a collective bargaining agreement. Disputes originated in January 1947 over roller wages, leading to a work stoppage in March that was settled by an agreement to arbitrate. A second dispute arose over the discharge of three employees, also demanded for arbitration. After the contract expired on June 1, 1947, the employer contended its obligation to arbitrate ceased. The Special Term ruled that the duty to arbitrate disputes arising during the contract term survived its expiration. The Appellate Division affirmed this order, specifying that arbitration should be limited to grievances pending before the contract's expiry on May 31, 1947.

ArbitrationCollective Bargaining AgreementWage DisputeWork StoppageEmployee DischargeContract ExpirationArbitrabilityAppellate ReviewLabor LawPanel Decision
References
6
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