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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

Telephone Employees Organization, Local 1100, Communications Workers of America v. Woods

This case concerns a plaintiff union, Telephone Employees Organization, Local 1100, Communications Workers of America, attempting to convert a disciplinary financial sanction of $4,939.20 into a judgment against defendant John Woods. The sanction was imposed for Woods crossing a picket line during a strike, violating the union's constitution. Woods defended by claiming he was not a member of the union at the time. The court first determined it had jurisdiction over the nonmembership defense, rejecting the union's preemption argument. Subsequently, the court found that the plaintiff union failed to demonstrate Woods was formally admitted to membership in Local 1100 as required by its constitution and bylaws, lacking proof of an application or initiation fee payment. Consequently, as a nonmember, Woods was not bound by the union's rules prohibiting picket line crossing, rendering the fine unenforceable. The court dismissed the union's complaint and the defendant's counterclaim.

Union Disciplinary ActionPicket Line ViolationUnion Membership DisputeNLRA PreemptionState Court JurisdictionUnion ConstitutionContract EnforcementLabor LawUnion FinesResignation from Union
References
13
Case No. MISSING
Regular Panel Decision

Santo v. Laborers' International Union

This case addresses a dispute between union members and their labor organizations concerning a dues increase implemented during a trusteeship. Plaintiffs challenged the unilateral dues increase by a trustee under the Labor Management Reporting and Disclosure Act (LMRDA) and the union's constitution. The court found that the trustee's action violated the LMRDA's provision requiring member participation in dues decisions, even under a trusteeship. However, the claim based on the union constitution was dismissed due to the plaintiffs' failure to exhaust internal union remedies. The court granted summary judgment to the plaintiffs on the LMRDA claim and to the defendants on the union constitution claim, leaving the issue of damages unresolved.

LMRDAUnion DuesTrusteeshipLabor Management Reporting and Disclosure ActSummary JudgmentExhaustion of RemediesUnion ConstitutionVoting RightsDemocratic GovernanceLabor Unions
References
23
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

People v. Distributors Division, Smoked Fish Workers Union, Local No. 20377

The Attorney-General initiated an action seeking a permanent injunction against the Distributors Division, Smoked Fish Workers Union, Local No. 20377, its president Murray Brodsky, and business agent Jack Flaum. The complaint alleged that the defendants engaged in an illegal combination, violating New York's Donnelly Anti-Trust Law (General Business Law § 340), by coercing manufacturers and retailers in the smoked fish industry to deal exclusively with Distributors Division members. Although the defendants claimed exemption as a bona fide labor union, the court found that the Distributors Division was merely a jobbers association disguised as a union to create a monopoly and restrain trade. The organization's activities involved threats, intimidation, and misleading picketing to compel adherence to its demands, ultimately harming competition and forcing retailers to pay higher prices. Consequently, the court ruled that the injunction should be granted, concluding that the Distributors Division was not a legitimate labor union and its practices were illegal.

anti-trustmonopolylabor unioninjunctiontrade restraintGeneral Business LawDonnelly Actjobbers associationcoercionpicketing
References
3
Case No. MISSING
Regular Panel Decision

League of Voluntary Hospitals & Homes v. Local 1199, Drug, Hospital & Health Care Workers Union

The court addresses an application for a preliminary injunction against Local 1199, a union planning a three-day strike. The League of Voluntary Hospitals and Homes of N. Y. sought the injunction following a previous temporary restraining order concerning a one-day strike. The union argued that each planned strike required a new legal proceeding, but the court deemed the strikes "episodic and organically connected." Citing concerns about blocked ingress/egress to hospitals and the union president's threats to "shut down" facilities, the judge found a preliminary injunction necessary under Labor Law § 807 to protect public health and safety. The injunction restrains the union from unlawfully interfering with hospital operations, blocking access, and picketing within certain distances of hospital entrances and emergency rooms.

Labor DisputePreliminary InjunctionStrike ActionUnion ActivityHospital AccessPicketing RegulationsCollective BargainingCivil Disobedience ThreatPublic Health and SafetyIngress Egress Interference
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

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. Docket No. 49
Regular Panel Decision

Thompson v. Davidson Transit Organization

Dujuan Thompson, a former bus driver for Davidson Transit Organization (DTO), filed a lawsuit alleging harassment and retaliation after attempting to form a new union, as well as race-based harassment. DTO, an organization created to provide employees for the Metropolitan Transit Authority (MTA), moved for summary judgment, arguing it was not a state actor under 42 U.S.C. § 1983. The court analyzed whether DTO qualified as a state actor based on the "nexus" or "entwinement" test, considering the close relationship between DTO and MTA, including shared facilities, funding, and overlapping leadership. The court found a disputed issue of fact regarding DTO's status as a state actor due to its sole purpose to support MTA and the dual roles of its board members and supervisors as MTA department heads. The court also denied DTO's estoppel arguments, concluding that Thompson's prior NLRB actions and an arbitration decision did not preclude his current claims. Therefore, the defendant's motion for summary judgment was denied.

Civil RightsSection 1983Summary JudgmentState Actor DoctrineNexus TestEntwinementEmployment DiscriminationRetaliationFreedom of SpeechFreedom of Association
References
36
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