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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

In re the Arbitration between Rotating Components, Inc. & District 4, International Union of Electrical Workers, AFL-CIO

Petitioner moved to confirm an arbitration award, while Respondent cross-moved to vacate it, alleging imperfect execution and lack of a mutual, final, and definite award. The dispute arose from a collective bargaining agreement from December 1959, and a supplementary agreement from January 1960, which stipulated the assignment of the main agreement to a local union within 18 months, with arbitration if the assignment failed. The arbitrator issued an interim award on September 21, 1961, instructing the union to assign the agreement within 30 days. Upon the union's failure, the arbitrator, on October 29, 1961, assigned the agreement to a new local union to be formed for the employees of Rotating Components, Inc. The court found the arbitrator's award to be within his express powers and rejected the objection regarding the finality and definiteness of the award. Consequently, the court granted the petitioner's motion to confirm the award and denied the respondent's cross-motion to vacate it.

Arbitration AwardCollective BargainingUnion AssignmentContract DisputeMotion to ConfirmMotion to VacateLabor DisputeJudicial ReviewInterim AwardFinality of Award
References
2
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Universal Metal Products Co. & United Electrical Radio & Machine Workers of America

This case involves motions to modify and confirm, and to vacate, an arbitration award concerning a dispute between a union and an employer. The core issue stems from a 1942 collective labor agreement regarding a scheduled wage increase, which the employer claimed to have paid in advance. The arbitrator based the award solely on contract interpretation, neglecting crucial questions of fact related to contract performance and employee waiver. The court ruled that the arbitration was imperfectly executed due to this omission of factual inquiry. Therefore, the motion to confirm the award was denied, the motion to vacate was granted, and the controversy was directed to the New York State Board of Mediation for further arbitration.

ArbitrationCollective Bargaining AgreementWage DisputeContract InterpretationLabor LawArbitration Award VacatedArbitration Award Confirmation DeniedFactual DisputeArbitrator PowersJudicial Review of Arbitration
References
0
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Massena Central School District

This case involves an appeal from a Supreme Court order that vacated an arbitration award concerning a custodian, Eric Fetterly. Fetterly, an employee of the petitioner and a member of the respondent union, filed three grievances after an on-the-job injury, disputing his vacation credits, sick leave, and a disciplinary letter. The arbitrator found in Fetterly's favor on all three issues. The Supreme Court vacated the arbitration award, finding the arbitrator exceeded his authority. The appellate court modified the Supreme Court's order, reversing its decision to vacate the arbitrator's determinations on grievances two and three, while affirming the vacatur of the first grievance.

Arbitration AwardCollective Bargaining AgreementGrievanceVacation CreditsSick LeaveDisciplinary ActionArbitrator AuthorityJudicial ReviewWorkers' Compensation LeavePublic Policy
References
14
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Board of Education & Moore

This case involves an appeal by an unnamed petitioner (employer) seeking to vacate an arbitration award in Otsego County. The dispute originated from a grievance filed by Anthony Moore, a custodial worker, concerning his transfer to a new assignment. Moore's grievance was denied at earlier steps, leading the Civil Service Employees Association (CSEA) to move it to arbitration. The petitioner contended that the grievance was time-barred due to Moore's late filing and CSEA's late referral to arbitration. The arbitrator rejected these arguments, deeming the grievance arbitrable. The Supreme Court denied the petitioner's application to vacate this arbitration award, and this appellate court affirmed that decision, finding the arbitrator's determination to be rational and within their authority.

Arbitration AwardGrievance ProcedureCollective Bargaining AgreementTimeliness DisputeVacate Arbitration AwardCPLR 7511Public Sector EmploymentCustodial WorkerEmployee TransferJudicial Review of Arbitration
References
5
Case No. MISSING
Regular Panel Decision

In re the Arbitration between County of Sullivan & Teamsters Local 445

The case concerns an appeal from a Supreme Court judgment that granted Sullivan County's (petitioner) application to vacate an arbitration award. The dispute arose after the County unilaterally reduced home health aide positions from full-time to part-time, leading the Civil Service Employees Association (respondent) to file a grievance and subsequently demand arbitration. Initially, an arbitrator ordered the aides restored to full-time status with back pay, finding violations of the collective bargaining agreement. However, the Supreme Court vacated this award, determining the arbitrator's application of a specific agreement section (408) was irrational as it applied only to 40-hour work weeks, not the aides' 35-hour week. The appellate court affirmed the Supreme Court's decision, concluding that the collective bargaining agreement did not prohibit the County's reduction of hours due to business necessity.

Arbitration AwardCollective Bargaining AgreementGrievanceWork Hours ReductionJudicial ReviewVacating AwardAffirmed JudgmentPublic Sector EmploymentLabor DisputeManagement Rights
References
2
Case No. MISSING
Regular Panel Decision
Oct 07, 2011

In re the Arbitration between Professional, Clerical, Technical, Employees Ass'n

This case involves an appeal from an order and judgment of the Supreme Court, Erie County, which had granted the petitioner's application to vacate an arbitration award. The Appellate Division reversed the Supreme Court's decision, denying the petition to vacate and granting the respondent's cross-petition to confirm the arbitration award. The court determined that the arbitrator's interpretation of a collective bargaining agreement regarding the filling of vacancies was neither irrational nor an overreach of authority. The arbitrator's decision affirmed that supervisors have discretion in judging applicant qualifications, even if it leads to hiring outside the bargaining unit when internal candidates lack necessary skills like Excel proficiency.

ArbitrationCollective Bargaining AgreementJudicial ReviewArbitrator AuthoritySeniority ClauseSupervisor DiscretionVacancy FillingBuffalo City School DistrictCPLR Article 75Contract Interpretation
References
16
Case No. MISSING
Regular Panel Decision
May 01, 1980

In re the Arbitration between Allstate Insurance & O'Kelly

Wynona O'Kelly, injured in an automobile accident in 1977, was denied no-fault benefits by Allstate Insurance Company, leading to an arbitration award in her favor. Allstate subsequently applied to vacate this award, which Special Term granted. On appeal from the Supreme Court, Rockland County, the judgment was reversed. The appellate court denied Allstate's petition to vacate the award and granted O'Kelly's cross-petition to confirm it, reinstating the arbitrator's decision. The court found the arbitrator's conclusion, that O'Kelly was not injured in the course of her employment, to be a rational interpretation of the facts, upholding the no-fault benefits despite potential workers' compensation coverage.

Arbitration AwardNo-fault BenefitsWorkers' CompensationAutomobile AccidentEmployment InjuryJudicial ReviewError of LawInsurer LiabilityAppellate ReversalStatutory Interpretation
References
5
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Klikocki & New York Department of Corrections

This appeal concerns the vacatur of an arbitration award. The petitioner sought to overturn the award, alleging that the respondent fraudulently destroyed a crucial key log that would have supported the petitioner's claim of a work-related injury. The arbitration stemmed from the petitioner's discharge for misconduct, specifically for filing a workers' compensation claim for an injury purportedly sustained at work but alleged by a former girlfriend to have occurred while playing frisbee. The court found insufficient clear and convincing evidence of fraud, noting the key log's destruction was part of a routine record disposal and not maliciously intended. Furthermore, the court deemed the log's probative value limited regarding the central issue of the injury's true origin. Consequently, the Supreme Court's order vacating the arbitration award was reversed, the petition dismissed, and the original arbitration award confirmed.

FraudArbitration AwardVacaturWorkers' Compensation ClaimEvidence DestructionCPLR 7511MisconductAppealDue DiligenceKey Log
References
2
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Great Atlantic & Pacific Tea Co. & Local 484, American Bakery & Confectionery Workers

This case involves a petitioner's motion to vacate an arbitration award and an employer's cross-motion to confirm it. The core dispute concerns an employee's entitlement to pay for a day missed due to illness during a holiday week in 1959. The employee worked for a short period on Labor Day, was then excused due to illness, and remained ill the following Tuesday. The employer paid for the holiday and other workdays but not for Tuesday, arguing that existing benefits provided a maximum of a normal week's pay. The petitioner contended that the arbitrator exceeded his authority by modifying the contract. However, the court ruled that the arbitrator acted within his powers by interpreting the collective bargaining agreement. Consequently, the motion to vacate the award was denied, and the cross-motion to confirm the award was granted.

ArbitrationCollective Bargaining AgreementHoliday PaySick PayContract InterpretationJudicial ReviewLabor DisputeEmployment LawMotion to VacateMotion to Confirm
References
3
Case No. MISSING
Regular Panel Decision

Kergosien v. Ocean Energy, Inc.

This case involves an appeal by Seagull Energy to vacate an arbitral award. Seagull Energy had amended its management stability plan, which provided severance benefits, to exclude employees who retained their jobs after their divisions were sold during a merger with Ocean Energy. An arbitrator awarded $1.5 million to these excluded employees, prompting Seagull Energy to seek vacation of the award. The court found that the arbitrator exceeded his powers by applying an incorrect standard of review to the compensation committee's decision, misinterpreting the plan's text regarding amendments and fiduciary duties. Consequently, the court vacated the arbitral award and remanded the claims for a new arbitration.

Severance PlanArbitral AwardPlan AmendmentFiduciary DutyERISAScope of Arbitrator's PowerAbuse of DiscretionCompensation CommitteeCorporate MergerEmployer-Employee Benefits
References
10
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