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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
Mar 06, 2015

American Civil Rights Union v. Martinez-Rivera

The American Civil Rights Union (ACRU) sued Zavala County Tax Assessor-Collector Cindy Martinez-Rivera for violating the National Voter Registration Act (NVRA) by allegedly failing to maintain accurate voter rolls, indicated by a 105% registration rate. Defendant filed a Motion to Dismiss challenging ACRU's standing and the sufficiency of the claim, while Plaintiff filed a Motion for Leave to File First Amended Complaint. Magistrate Judge Collis White recommended denying both motions, finding ACRU had organizational standing and stated a plausible claim. District Judge Alia Moses adopted the Magistrate's Report and Recommendation, consequently denying both the Defendant's Motion to Dismiss and the Plaintiff's Motion to Amend the Complaint.

Voter RegistrationNational Voter Registration ActOrganizational StandingMotion to DismissMotion to Amend ComplaintVoter Rolls MaintenanceZavala CountyTexas Election LawSubject Matter JurisdictionConstitutional Standing
References
44
Case No. MISSING
Regular Panel Decision
Jun 28, 1983

Schuck v. State Division of Human Rights

Local Union No. 3, International Brotherhood of Electrical Workers, AFL-CIO, petitioned for annulment of an order by the Human Rights Appeal Board, which affirmed a determination by the Commissioner of the State Division of Human Rights. The Commissioner found that Local 3 discriminated against minority trainees by shunting them into a slower 'M' program, denying them the 'MIJ' shortcut to 'A' journeyman status, and providing an inferior training curriculum compared to regular apprentices, thus violating the Human Rights Law. The Commissioner issued cease and desist orders and specific directives regarding training and advancement, including a conditional provision for automatic 'A' journeyman status without examination. The Human Rights Appeal Board affirmed this determination. The court, upon judicial review, modified the order by deleting the directive that granted full 'A' journeyman status without further examination. Instead, the court mandated that affected individuals be afforded the opportunity to take the next scheduled 'A' examination, with appropriate preparatory instruction provided if needed. The rest of the Commissioner's order and determination were confirmed.

Human Rights LawEmployment DiscriminationMinority Training ProgramApprenticeshipJourneyman StatusLabor UnionAffirmative ActionNew YorkVocational TrainingEqual Opportunity
References
9
Case No. MISSING
Regular Panel Decision

Laborers International Union of North America v. Clark Material Handling, Inc.

Special Term erred in concluding an arbitration provision in a collective bargaining agreement was invalid because it gave the union the unilateral right to arbitrate at its option. This decision contrasts with Federal labor law principles where a union's exclusive right to invoke arbitration does not invalidate the agreement. The court also clarified that the union reserving the right to strike alongside arbitration does not render the agreement invalid. However, a factual question arose concerning the validity of the collective bargaining agreement itself, specifically whether the employees who signed it on the employer's behalf had the authority to bind the company. Therefore, the matter was remitted for a hearing to determine the agreement's validity.

Collective Bargaining AgreementArbitration ProvisionMutuality of ObligationFederal Labor LawUnion RightsEmployer AuthorityContract ValidityRemittiturAppellate ReviewLabor Dispute
References
2
Case No. MISSING
Regular Panel Decision

New York City Transit Authority v. State

Mary Myers, a Seventh Day Adventist, was terminated from her employment by the Transit Authority for her refusal to work on Saturdays due to religious observance. Despite the Transit Authority's attempts to accommodate her, the Transport Workers Union's collective bargaining agreement, which prioritized seniority for work assignments and days off, prevented such accommodation without waiving other employees' seniority rights. The Commissioner of Human Rights found Ms. Myers' religious convictions sincere. However, the court, citing precedent regarding union seniority systems, annulled the administrative determination that had supported Ms. Myers. Justice Rubin, in a concurring opinion, criticized the legal framework that exempts union seniority systems from civil rights statutes, arguing for a joint employer and union obligation to reasonably accommodate religious beliefs, especially for quasi-public entities.

Religious discriminationSeniority systemCollective bargaining agreementReasonable accommodationSabbath observanceFreedom of religionFirst AmendmentCivil Rights ActExecutive LawEmployment termination
References
5
Case No. MISSING
Regular Panel Decision

National Union Fire Insurance Co. of Pittsburgh v. Pennzoil Co.

In this worker's compensation insurance case, National Union, an insurance carrier for Four Flags Drilling Company, intervened in an underlying negligence suit filed by injured employee David Pfeifer against Pennzoil and other third parties. National Union sought to assert its subrogation rights for worker's compensation benefits paid. Pennzoil moved to strike the intervention, arguing National Union had waived its subrogation rights via a Certificate of Insurance. The trial court granted Pennzoil's motion to strike and sever. On appeal, National Union contended the trial court erred procedurally and evidentiarily in striking its intervention. The appellate court affirmed the trial court's decision, finding the waiver of subrogation clause in the certificate unambiguous and enforceable against Pennzoil. The court, however, could not definitively rule on National Union's claims against other defendants due to an insufficient record regarding their status in the underlying suit.

worker's compensationsubrogation rightsinterventionwaiverinsurance lawcivil procedureappellate reviewTexas lawmotion to strikeseverance
References
9
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

Agyeman v. Roosevelt Union Free School District

Plaintiff Ak-ousa Agyeman, an elementary school teacher, filed a civil rights action against the Roosevelt Union Free School District and several individuals, alleging violations of her First Amendment rights and retaliation under 42 U.S.C. § 1983 and New York Civil Service Law § 75-b. Agyeman claimed she was retaliated against for engaging in protected speech, specifically through internal emails and a letter to the New York State Education Department, regarding student needs, District policies, and alleged legal violations. Defendants moved for summary judgment, arguing her speech was not constitutionally protected. The Court granted the defendants' motion, concluding that Agyeman's speech was made as a public employee performing official duties, not as a private citizen, and therefore was not protected by the First Amendment. Consequently, the Section 1983 claim was dismissed, and the remaining state law claim was dismissed without prejudice for re-filing in state court.

First Amendment retaliationPublic employee speechCivil rights actionSummary judgmentNew York State law claimDismissal without prejudiceTeacher employment disputeSchool district liabilityFreedom of speechOfficial duties
References
56
Case No. 2014 NY Slip Op 06377
Regular Panel Decision
Sep 25, 2014

National Union Fire Ins. Co. of Pittsburgh, PA v. 221-223 W. 82 Owners Corp.

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

Union Realty Company v. Family Dollar Stores of Tennessee, Inc.

This case concerns an appeal stemming from a premises liability action. Union Realty Company, owner of a shopping center, was sued following the death of an employee, Jo A. Parker, at a Family Dollar store. Union Realty then sued Family Dollar Stores (FDS) and its insurer, Travelers, alleging breach of a lease agreement requiring FDS to name Union Realty as an additional insured. The appellate court affirmed the trial court's denial of FDS's motion to dismiss for mootness, citing Travelers' reservation of rights during settlement of the underlying Parker lawsuit. However, the court reversed the summary judgment in favor of Union Realty, finding the lease did not obligate FDS to provide insurance coverage for Union Realty's sole negligence in common areas. Additionally, the court vacated the trial court's determination that FDS breached the lease due to a $250,000 deductible in the insurance policy.

Premises LiabilityInsurance CoverageBreach of ContractLease AgreementDuty to DefendAdditional InsuredSummary JudgmentMootness DoctrineAppellate ReviewContract Interpretation
References
8
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
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