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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

In re the Arbitration between Wells Fargo Armored Service Corp. & Office & Professional Employees International Union, Local No. 153

This case concerns an appeal by Office and Professional Employees International Union, Local No. 153, against Wells Fargo, seeking to compel arbitration after Wells Fargo discharged an employee. The dispute arose when Wells Fargo refused arbitration, citing the union's alleged non-compliance with preliminary grievance steps, which Special Term deemed a condition precedent to arbitration. The appellate court reversed this decision. It clarified that in labor-management agreements, unlike commercial arbitrations, compliance with grievance procedures constitutes procedural arbitrability, a matter for the arbitrator, not the court, to decide. Citing Federal law and the specific language of the collective bargaining agreement, the court denied Wells Fargo's request for a permanent stay and granted the union's motion to compel arbitration.

ArbitrationLabor DisputeCollective Bargaining AgreementProcedural ArbitrabilityConditions PrecedentFederal LawGrievance ProcedureStay of ArbitrationCompel ArbitrationUnion
References
7
Case No. MISSING
Regular Panel Decision

Shultz v. Radio Officers' Union of the United Telegraph Workers

The Secretary of Labor filed an action against the Radio Officers’ Union (ROU) under the Labor-Management Reporting and Disclosure Act of 1959. The Secretary sought to nullify the 1969 election for President and National Committeeman—Oakland due to two alleged incidents of misconduct. The court found that ROU President Joseph Glynn improperly interfered with Lester Parnell’s candidacy for National Committeeman—Oakland by coercing him to withdraw, violating 29 U.S.C. § 481(e). Additionally, the court found that ROU discriminated against presidential candidate R. C. Smith by failing to provide him with the union's ship list for campaign mailings, a violation of 29 U.S.C. § 481(c). Both violations were deemed to have potentially affected the election outcome. Therefore, the court ruled in favor of the plaintiff, the Secretary of Labor.

Labor Union ElectionElection MisconductLabor-Management Reporting and Disclosure Act (LMRDA)Candidate EligibilityUnion DiscriminationFreedom of Speech (within union elections)Pension JeopardyCampaign LiteratureMembership List AccessInternal Union Remedies
References
21
Case No. MISSING
Regular Panel Decision

Local 54 United Paperworkers International Union

Local 54 United Paperworkers International Union appealed a decision by the Unemployment Insurance Appeal Board, which found the union liable for unemployment insurance contributions for payments made to its officers engaging in union activities during work hours. The union contended that its officers were not employees and that New York's unemployment insurance laws were preempted by the National Labor Relations Act. The court concluded that substantial evidence supported the Board's finding of an employer-employee relationship, citing expense reimbursements, tax withholdings, and W-2 form issuances by the union. Furthermore, the court ruled that the National Labor Relations Act did not preempt the state's unemployment insurance statute, categorizing the union's preemption argument as a peripheral concern to the federal act, while upholding state authority over unemployment compensation programs. Consequently, the Board's decision was affirmed.

Unemployment InsuranceEmployee-Employer RelationshipUnion OfficersPreemptionNational Labor Relations ActState LawCompensationWorkers' Compensation BoardDisability Benefits LawNew York
References
18
Case No. MISSING
Regular Panel Decision

Office & Professional Employees International Union, Local 153 v. Miller

Local 153 of the Office and Professional Employees International Union sought judicial review of the National Labor Relations Board's decision to dismiss its petition for certification and the General Counsel's refusal to act on an unfair labor practice charge. The Board had declined jurisdiction over the employer, AGIP, USA, Inc., due to its ownership by the Italian government. The District Court, presided over by Judge Lasker, determined it lacked subject matter jurisdiction to review the Board's representation orders or compel the General Counsel, citing precedents establishing the finality of such administrative decisions. Consequently, the court denied the Union's motion for summary judgment and granted the motions of the Board and the intervening employer, dismissing the complaint.

Judicial ReviewNLRB JurisdictionNational Labor Relations ActCertification PetitionUnfair Labor PracticeSubject Matter JurisdictionAdministrative LawIntervenorSummary JudgmentGovernment Owned Entity
References
8
Case No. MISSING
Regular Panel Decision

Duane Reads Inc. v. Local 338 Retail, Wholesale & Department Store Union

Duane Reade Inc. sued Local 338 of the Retail, Wholesale and Department Store Union and its officers for defamation following a heated labor dispute. The union had published allegedly libelous statements on a website, press releases, and flyers concerning Duane Reade's business practices and treatment of workers. Duane Reade contended that the union as a whole should be held accountable or, alternatively, that the officers acted outside their official capacities. The court granted the defendants' motion to dismiss, citing the long-standing New York rule from Martin v Curran, which requires unanimous member ratification for suits against unincorporated unions. Furthermore, the court determined that the cause of action was preempted by the National Labor Relations Act (NLRA) because the union's communications were related to a protected labor dispute and did not meet the malice standard required to overcome preemption, also noting the republication privilege.

DefamationLabor DisputeUnion LiabilityNational Labor Relations ActNLRA PreemptionMartin v CurranFreedom of SpeechLibelImplied AgencyNew York Law
References
12
Case No. 13-01-00119-CV
Regular Panel Decision
Jun 06, 2002

McAllen Police Officer's Union and the City of McAllen, Texas v. Ricardo Tamez, Individually and as President of the McAllen Professional Law Enforcement Association, and McAllen Professional Law Enforcement Association

The City of McAllen and the McAllen Police Officers Union (appellants) appealed a district court order compelling an election to determine the exclusive bargaining agent for the city's police officers. The Thirteenth District Court of Appeals in Texas reversed the trial court's decision. The appellate court held that selection by petition is a proper method for designating a bargaining agent and found no evidence of coercion in the petition's circulation. It further concluded that the appellees, Ricardo Tamez and the McAllen Professional Law Enforcement Association, failed to provide 'substantial support' to warrant an election, thus denying their requests for a declaratory judgment and a writ of mandamus.

Collective BargainingPolice UnionLabor LawElectionPetitionSupervisor InfluenceMajority RepresentationTexas Local Government CodeNational Labor Relations ActAppellate Review
References
26
Case No. MISSING
Regular Panel Decision

Local 323 v. International Union of Electronic, Electrical, Salaried, MacHine & Furniture Workers

Plaintiffs, Local 323 and its officers, initiated a lawsuit against the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers (IUE). They alleged that the IUE unlawfully denied Local 323's right to disaffiliate, claiming the IUE amended its constitution to obstruct disaffiliation and breached its own rules in denying their application. Plaintiffs sought judicial enforcement of disaffiliation, retention of assets, an injunction, and damages. The defendant moved to dismiss the complaint, asserting various defenses, including the plaintiffs' failure to exhaust internal union remedies. The court ultimately granted the defendant's motion, concluding that Local 323 had not exhausted its available administrative remedies within the union, a prerequisite for pursuing the claims in federal court, given the internal nature of the dispute.

Union DisaffiliationLabor LawLMRALMRDAExhaustion of Administrative RemediesInternal Union DisputeMotion to DismissBreach of ContractFederal Court JurisdictionUnion Constitution
References
14
Case No. 03-21-00120-CV
Regular Panel Decision
Feb 24, 2022

Brian Manley, Chief of Austin Police Department Brian Manley, Individually Commander Mark Spangler, Austin Police Department Lt. Jerry Bauzon, Austin Police Department Officer Benjamin Bloodworth, Austin Police Department Officer Collin Fallon, Austin Police Department Sgt. Eric Kilcollins, Training Coordinator, Austin Police Academy And Officer Shand, Lead Instructor, Stress Reaction Training, Austin Police Academy v. Christopher Wise

Christopher Wise, a former Austin Police Academy cadet, sued Brian Manley (APD Chief) and six other APD officers after sustaining severe injuries, including heat exhaustion and stroke, during a stress reaction training in October 2018. Wise alleged that officers intentionally discouraged cadets from hydrating despite high temperatures and failed to provide timely medical aid. The defendants sought dismissal under the Texas Tort Claims Act's election-of-remedies provisions. The district court dismissed claims against the City of Austin and APD but not against the individual officers. The appellate court reversed the district court's decision, ruling that Wise's claims against the individual officers were based on conduct within the scope of their employment and could have been brought under the TTCA, thus mandating their dismissal.

Texas Tort Claims ActGovernmental ImmunityElection of RemediesScope of EmploymentPolice MisconductCadet InjuryHeat IllnessSupervisor NegligenceAppellate CourtReversal
References
25
Case No. M2002-02116-COA-R3-CV
Regular Panel Decision
Feb 27, 2004

Overnite Transportation v. Teamsters Local Union No. 480

This case originated from a labor dispute in October 1999, involving Overnite Transportation Company and Teamsters Local Union No. 480. Overnite sought injunctive relief against the union for alleged violence during a strike at its Nashville facility and later amended its complaint to include claims for civil contempt due to injunction violations and intentional interference with business relations. The trial court dismissed the civil contempt petition as moot and the intentional interference claim for failure to state a claim. On appeal, the Court of Appeals of Tennessee reversed the dismissal of the civil contempt petition, holding that Overnite could seek compensatory damages for the union's contemptuous conduct, even if the conduct had ceased. However, the appellate court affirmed the dismissal of the intentional interference claim, finding that Overnite's complaint failed to meet the necessary pleading requirements.

Labor DisputeInjunction ViolationCivil ContemptCompensatory DamagesIntentional InterferenceBusiness RelationsAppellate ReviewMootness DoctrineInjunction BondRule 65.05(1)
References
24
Case No. MISSING
Regular Panel Decision

Maddock v. Reul

This case addresses a union dispute concerning the terms of office for its officials. Defendants were elected in 1928 for three-year terms, set to expire in December 1931. A constitutional amendment in 1930 shifted election dates to June. The union's parent organization ruled that current officers would hold over until June 1932 elections, overriding an initial alternative for bye-elections. The plaintiff faction's attempt to force bye-elections in December 1931 through a special meeting and subsequent election was declared a nullity by the court. The court affirmed that the issue fell under the parent organization's authority, and their ruling was without fraud, ultimately denying the plaintiff's motion.

Union DisputeOfficer TermsConstitutional InterpretationElection NullityParent Organization AuthorityHoldover OfficersMotion DeniedLabor RelationsInternal Union Conflict
References
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