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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

Pizer v. Trade Union Service, Inc.

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. 02 Civ. 7659(SAS)
Regular Panel Decision
Oct 12, 2004

TRANSPORT WORKERS UNION OF AMERICA, LOCAL 100 v. NYC Transit Auth.

This case involves a dispute between several labor unions and the New York City Transit Authority (NYCTA) and its subsidiary regarding the legality of NYCTA's sick leave policy under the Americans with Disabilities Act (ADA). The unions challenged the policy's medical inquiry requirements, arguing they violated ADA provisions against inquiries that may reveal a disability. The NYCTA justified its policy by citing the need to curb sick leave abuse and ensure workplace and public safety. The court applied the framework established in Conroy v. New York State Department of Correctional Services. It found that curbing sick leave abuse was a legitimate business necessity but only justified the policy for employees on a narrowly-defined "sick leave control list." The court also determined that ensuring safety was a vital business necessity, justifying the policy for safety-sensitive employees, specifically bus operators, but required further factual development for other employee groups. Ultimately, the court issued a declaratory judgment, clarifying the permissible scope of the policy's medical inquiries and rejecting the Authority's defenses of unclean hands and laches.

ADA ComplianceSick Leave PolicyMedical InquiryEmployment DiscriminationBusiness Necessity DefenseWorkplace SafetyPublic SafetyLabor Union LitigationCollective BargainingBus Operator
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
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

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

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. 2003 NY Slip Op 23942
Regular Panel Decision
Dec 31, 2003

Duane Reade, Inc. v. Local 338 Retail, Wholesale Dept. Store Union, UFCW, AFL-CIO

This case arises from a labor dispute between Duane Reade, Inc. (plaintiff) and Local 338 of the Retail, Wholesale and Department Store Union (defendants). Duane Reade sued the union for trespass, tortious interference, fraud, and defamation, seeking $1.4 million in damages. The union moved to dismiss, arguing failure to plead membership authorization for tortious acts and NLRA preemption of state claims. The Supreme Court, New York County, granted the dismissal, finding that Duane Reade did not meet pleading requirements under Martin v Curran and that the state law claims were preempted by the NLRA, as the NLRB was already investigating related unfair labor practices. The court also denied Duane Reade's cross-motion to amend its complaint.

Labor LawUnion DisputeNLRA PreemptionTrespassTortious InterferenceFraudDefamationMotion to DismissCollective BargainingUnfair Labor Practices
References
33
Case No. MISSING
Regular Panel Decision
Jul 25, 1956

Sandsberry v. INTERNATIONAL ASSOCIATION OF MACH.

The dissenting opinion by Justice Smith, joined by Justices Griffin and McCall, argues against compulsory union membership enforced by labor unions with the aid of the 1951 amendment to the Railway Labor Act. Justice Smith contends that such governmental action, by compelling individuals to join a union and take an oath of allegiance, violates constitutional liberties under the First and Fifth Amendments, specifically the right not to join a union. The dissent reviews various prior Supreme Court cases to establish that governmental action, even when assisting private parties like unions, necessitates review under the Bill of Rights. It criticizes the unions' refusal to consider alternatives to full union shop agreements and highlights that the "Hanson case" supports restraining unlawful assessments. The opinion concludes that the injunction granted by the trial court against compulsory union membership should be affirmed.

compulsory union membershipgovernmental actionRailway Labor Actright to work lawsFirst AmendmentFifth Amendmentunion shop agreementsfreedom of associationlabor unionsconstitutional liberty
References
23
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