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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

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
Jul 07, 1994

United Transportation Union Local Unions 385 & 77 v. Metro-North Commuter Railroad

This is a declaratory judgment action filed by the United Transportation Union and the International Brotherhood of Electrical Workers (collectively, 'the Union') against Metro-North Commuter Railroad Company ('Metro'). The Union challenges Metro's Rule P as a violation of 45 U.S.C. § 60 (Section 60) of the Federal Employer's Liability Act (FELA). Rule P restricts employees from divulging company information or giving statements about accidents to external parties without company authorization, which the Union argues prevents employees from voluntarily furnishing information to interested parties as protected by Section 60. Metro moved to dismiss the complaint for lack of subject matter jurisdiction, contending the dispute is governed by the Railway Labor Act (RLA) and its exclusive grievance resolution procedures. The court denied Metro's motion, concluding that the Union's claim involves the interpretation of a federal statute (Section 60) and is therefore within federal jurisdiction, not preempted by the RLA.

Federal Employer's Liability ActFELARailway Labor ActRLASubject Matter JurisdictionDeclaratory JudgmentRule 12(b)Labor DisputesCollective Bargaining AgreementPreemption
References
5
Case No. MISSING
Regular Panel Decision

Western Union Telegraph Co. v. Wallace

K. L. Wallace filed a suit against Western Union Telegraph Company on behalf of his minor son, C. L. Wallace, alleging negligent delay in transmitting messages about his wife's serious illness. The delay reportedly caused C. L. Wallace to suffer mental pain and anguish due to missing his conscious mother. Western Union defended by asserting that its telegraph system was under the control and operation of the United States government at the time the messages were sent, thus absolving the company of liability. The trial court initially ruled in favor of Wallace, awarding $1,000. However, the appellate court reversed this decision, concluding that the undisputed evidence demonstrated the government's complete possession and control of the telegraph system, making Western Union not liable for any alleged negligence during that period.

Federal ControlTelegraph SystemNegligenceMental AnguishGovernment OperationWartime PowersPresidential ProclamationPostmaster GeneralAgencyLiability
References
9
Case No. MISSING
Regular Panel Decision

International Union of Electrical, Radio & Machine Workers, Local Union No. 782 v. Texas Employment Commission

This case concerns an appeal by the International Union of Electrical, Radio and Machine Workers, Local Union No. 782, AFI-CIO, and 99 individuals challenging a Texas Employment Commission (TEC) decision that denied unemployment compensation benefits. The dispute arose from a General Electric Company plant shutdown in 1957. The appellate court addressed jurisdictional issues related to the aggregate claims amount and venue for non-resident claimants. It affirmed the trial court's dismissal of the union as a party plaintiff, but reversed decisions regarding claimants deemed voluntarily unemployed or not totally unemployed who did not receive immediate vacation pay. The court affirmed the denial of benefits for 11 claimants who received vacation pay prior to the shutdown.

Unemployment CompensationJurisdictionVenueClass Action SuitVoluntary UnemploymentTotal UnemploymentVacation PayCollective Bargaining AgreementStatutory InterpretationJudicial Review
References
12
Case No. MISSING
Regular Panel Decision

Bernard v. Local 100, Transport Workers Union

The plaintiffs, Carlyle Bernard and John Simino, members of Local 100, Transport Workers Union of America, sought a preliminary injunction to prevent their union from barring Bernard's candidacy for Recording Secretary. Bernard was disqualified due to a union bylaw requiring minimum meeting attendance, which he could not meet due to his work schedule. The plaintiffs argued that this rule was an unreasonable restriction on candidate eligibility under Title I of the LMRDA, thereby denying members equal rights to nominate and vote. The Court denied the preliminary injunction, stating that the plaintiffs failed to show irreparable harm or a likelihood of success on the merits. The decision highlighted that Title I primarily addresses direct discrimination in voting rights, not challenges to uniformly applied eligibility requirements, which are typically governed by Title IV's post-election enforcement by the Secretary of Labor. The Court also suggested the plaintiffs exhaust internal union remedies.

Union ElectionsLMRDA Title ILMRDA Title IVCandidate EligibilityMeeting Attendance RulesPreliminary InjunctionEqual RightsUnion BylawsInternal Union RemediesJudicial Review
References
22
Case No. MISSING
Regular Panel Decision

International Union of Electrical & Machine Workers v. General Electric Co.

This case involves a dispute between the International Union of Electrical Radio and Machine Workers (Union) and General Electric Company (Company), and Metropolitan Life Insurance Company, concerning a 1966 Pension and Insurance Agreement and its incorporated Insurance Plan. The Union alleged the Company wrongfully rejected sickness and accident claims filed during a strike and, alternatively, sought reimbursement for employee contributions for coverage not provided during the strike. The central issue was the interpretation of clauses governing sickness and accident benefits during voluntary strike absences. The Court found that the Company properly rejected claims for benefits arising more than 31 days into the strike, dismissing the Union's first claim. However, the Court ruled that employees are entitled to reimbursement for the portion of their contributions related to sickness and accident coverage not afforded during the strike, and ordered an assessment of damages if parties cannot agree on the amount.

labour lawcollective bargaining agreementinsurance plansickness and accident benefitsstrikeemployee contributionscontract interpretationunjust enrichmentdamagesfederal court
References
6
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

International Union of Operating Engineers, Local 17 v. Union Concrete & Construction Corp.

Plaintiff International Union of Operating Engineers, Local 17, AFL-CIO ("Local 17") filed a grievance against Union Concrete and Construction Corporation ("UCC") to compel arbitration regarding UCC's emergency snow removal work for Erie County in November 2014, alleging violations of their Collective Bargaining Agreement (CBA). UCC argued the work was not covered by the CBA's "Heavy and/or Highway Construction" definition, rendering the arbitration clause inapplicable. Magistrate Judge Jeremiah J. McCarthy issued a Report and Recommendation to grant UCC's motion for summary judgment and deny Local 17's. United States District Judge Richard J. Arcara conducted a de novo review and adopted the Magistrate Judge's findings in their entirety, concluding that the emergency snow removal work did not constitute "Heavy and/or Highway Construction" under the CBA. Consequently, Local 17’s motion for summary judgment to compel arbitration was denied, and UCC’s motion for summary judgment was granted, leading to the closure of the case.

Labor Management Relations ActCollective Bargaining AgreementArbitrabilitySummary JudgmentContract InterpretationEmergency Snow RemovalHeavy ConstructionHighway ConstructionScope of Arbitration ClauseDe Novo Review
References
26
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

In re New York Electrical Worker' Union

This case concerns a dispute over the validity of an election held by the New York Electrical Workers' Union after a period of receivership. Petitioner Maurice B. Jarvis challenged the election, alleging that no notice was given to members about the termination of the receivership or the annual meeting, and that a quorum was not present. The Supreme Court initially dismissed the application. On appeal, the court examined the union's by-laws regarding meeting notices and quorums, noting inconsistencies and non-compliance with the Membership Corporations Law. The appellate court found that while no statute or by-law explicitly required notice for annual meetings, the context of the receivership made it advisable. Critically, the court determined that the common-law rule for voluntary associations, where any number present constitutes a quorum, did not apply to a corporation governed by statute. Given that only 20 members were present out of 1,200, no valid quorum was established under any by-law provision or the Membership Corporations Law. Consequently, the appellate court reversed the lower court's dismissal, ordered the election to be set aside, and mandated a new election with proper notice to all eligible members.

Corporate Election DisputeUnion GovernanceReceivership ImpactBy-law InterpretationQuorum RequirementsNotice of MeetingsGeneral Corporation LawMembership Corporations LawAppellate ReviewCorporate Law
References
8
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