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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Zimmer-Thomson Corp. v. National Labor Relations Board

The employer filed an action against the National Labor Relations Board (NLRB) and a union, seeking to set aside the union's certification as the exclusive bargaining representative and to restrain the union from taking further action before the National War Labor Board (NWLB). The employer alleged procedural flaws in the election process, including uncounted challenged ballots and denial of opportunity to be heard. Both defendants moved to dismiss the complaint. The court determined it lacked jurisdiction to review NLRB certifications, which are only informatory. Furthermore, it found that NWLB directives are merely advisory and thus cause no irreparable injury. Consequently, the court denied the employer's motion for a temporary injunction and dismissed the complaint, finding no cause of action.

Labor LawNLRB CertificationJudicial ReviewInjunctionCollective BargainingUnfair Labor PracticesWar Labor BoardChallenged BallotsDistrict Court JurisdictionAdministrative Law
References
10
Case No. Action No. 1; Action No. 2
Regular Panel Decision
Apr 04, 2005

Transport Workers Union of America Local 100 v. Schwartz

This case consolidates two appeals arising from a 1985 real estate exchange involving Transport Workers Union of America Local 100 AFL-CIO (TWU) and 80 W.E.T.H. Corp. (80 WETH). Action No. 1 targeted real estate agents Alan G. Schwartz, Glen Allen Associates, Ltd., and Glen Equities, Ltd. for breach of fiduciary duty, contract, and constructive fraud. Action No. 2 was against attorney Richard L. O’Hara for breach of fiduciary duty and actual fraud. The court affirmed summary judgment for the Schwartz defendants, ruling claims time-barred under the statute of limitations, rejecting continuous representation and equitable estoppel. In the O'Hara action, breach of fiduciary duty claims were also dismissed as time-barred, but the actual fraud claim, initially preserved, was modified on appeal to be dismissed for 80 WETH. The disputes centered on undisclosed fees and potential conflicts of interest during the 1985 transaction.

Real Estate LawStatute of LimitationsBreach of Fiduciary DutySummary JudgmentEquitable EstoppelContinuous Representation DoctrineBrokerage FeesAttorney MisconductActual FraudConstructive Fraud
References
10
Case No. action No. 1
Regular Panel Decision
Aug 09, 2006

Amalgamated Transit Union Local 1181 v. City of New York

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
Dec 20, 1983

Velez v. Union Sanitorium Ass'n

The plaintiff initiated an action against Union Sanitorium Association, Inc., alleging medical malpractice by its employee, Peter A. Herman, M.D. This followed a prior action (Action No. 1) against Union Sanitorium, Union Health Center, International Ladies Garment Workers Union, and Herman, where a motion to dismiss was pending due to the plaintiff's failure to serve a bill of particulars. Subsequently, the plaintiff filed a second action (Action No. 2) solely against Union Sanitorium, reiterating the same negligence claims. The defendant moved to dismiss Action No. 2, arguing the existence of a pending prior action. The Supreme Court, New York County, initially denied the motion, but the appellate court reversed this decision, granting the defendant's motion and dismissing the complaint in Action No. 2, citing the substantial identity of parties and causes of action between the two cases.

Medical MalpracticeMotion to DismissPrior Action PendingRes JudicataCollateral EstoppelIdentity of PartiesIdentity of Causes of ActionAppellate ReviewCivil ProcedureProcedural Law
References
1
Case No. MISSING
Regular Panel Decision

International Union of Operating Engineers Local Union No. 17 v. Swank Associated Co.

The International Union of Operating Engineers, Local Union No. 17, initiated an action to compel arbitration against Swank Associated Company, Inc., following a labor grievance. Swank removed the case to federal court and filed a third-party action against Local 210, arguing the matter constituted a jurisdictional dispute not subject to arbitration. The court, presided over by Magistrate Judge Schroeder, examined the collective bargaining agreement to determine the arbitrability of the dispute. It concluded that while an arbitrator could determine if the issue was a jurisdictional dispute, they could not resolve it on the merits if it was found to be jurisdictional. Consequently, the plaintiff's motion for judgment on the pleadings was denied, and the grievance was directed to arbitration solely to ascertain whether it constituted a jurisdictional dispute under the agreement.

Labor LawArbitration AgreementJurisdictional DisputesCollective BargainingLabor Management Relations ActFederal CourtPleadings MotionContract InterpretationArbitrabilityUnion Rights
References
6
Case No. MISSING
Regular Panel Decision

R.M. Perlman, Inc. v. New York Coat, Suit, Dress, Rainwear & Allied Workers' Union Local 89-22-1

The case concerns plaintiffs R.M. Perlman Inc. and Rebecca Moses, who initiated an action under the NLRA against two labor unions, Local 89-22-1 and International Ladies’ Garment Workers’ Union. Plaintiffs sought damages alleging unfair labor practices related to the unions' picketing and a proposed "Hazantown Agreement." The central legal question involved whether four specific clauses within the agreement were protected by the garment industry proviso to NLRA § 8(e), thus making the unions' actions lawful. The court meticulously examined each contested clause—the Continuing Obligations, Trimmings, Struck Work, and Trucking Clauses—interpreting them within the context of the Hazantown Agreement and relevant legal precedents. Ultimately, the court determined that all challenged clauses fell within the protection of the garment industry proviso, concluding that the unions' picketing was not unlawful. Consequently, the plaintiffs' motion for summary judgment was denied, and the defendants' cross-motion for summary judgment was granted, dismissing the plaintiffs' complaint.

National Labor Relations ActGarment Industry ProvisoUnfair Labor PracticesSummary JudgmentLabor UnionsHot Cargo AgreementsHazantown AgreementSecondary PicketingIntegrated Process of ProductionJobbers
References
19
Case No. MISSING
Regular Panel Decision

Cap Makers' Union, Local 2H Amalgamated Clothing & Textile Workers Union ex rel. Alvarez v. Feinstein

The case involves an action brought by Cap Makers Union, Local 2H, against former officers Michael Feinstein and Luz Rivera, seeking to prevent them from using a similar name for a rival union. Initially filed in New York State court based on state business law and common law, the defendants removed the case to federal court, asserting a federal question under Section 9(a) of the National Labor Relations Act. The federal district court, presided over by Judge Sweet, sua sponte remanded the action back to state court. The court found that federal jurisdiction was lacking because the plaintiff's complaint did not establish a federal cause of action, and federal preemption, raised as a defense, is insufficient for removal. The court also denied Local 2H's request for costs and Rule 11 sanctions against the defendants for improper removal.

Federal jurisdictionRemoval actionRemandState law claimsFederal questionNational Labor Relations ActPreemption defenseTrade name disputeUnion disputeCosts and sanctions
References
5
Case No. MISSING
Regular Panel Decision

Local 50, Bakery & Confectionery Workers, International Union of America v. General Baking Co.

The case involves a union, representing production and maintenance employees, suing several bakery companies for an alleged lockout. The union brought the action under Section 301(a) of the Labor Management Relations Act of 1947, claiming a breach of the no-lockout provisions in their collective bargaining agreements. The alleged lockout occurred when the defendant bakery companies halted operations and sent home the plaintiff union's members, even though there was no direct labor dispute between them. This action was a response to a strike by a separate drivers' union against one of the bakery companies. The court defined a lockout as an employer withholding work to gain a concession *from their employees*. Since the defendants were not in a dispute with the plaintiff union and their actions were not intended to coerce concessions from them, the court ruled that no lockout had occurred. Consequently, the defendants' motion for summary judgment was granted.

Labor LawLockoutCollective Bargaining AgreementSummary JudgmentLabor Management Relations ActBreach of ContractNo-lockout ClauseStrikeUnionEmployer-employee Relations
References
9
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

Larrier v. Miller

This case involves an action brought by a plaintiff against a defendant union seeking damages for assault and battery. The union filed a motion to dismiss the first cause of action alleged in the amended complaint. The court affirmed the order denying the union's motion to dismiss, insofar as appealed from. Additionally, the plaintiff was granted leave to serve a second amended complaint concerning the second cause of action within ten days from the entry of the order.

Assault and BatteryMotion to DismissAmended ComplaintUnion LiabilityDamagesCivil ProcedureAppellate ReviewCosts and DisbursementsPanel DecisionLeave to Amend
References
0
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