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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ7857239
Regular
May 27, 2016

DENNIS ARNOLD vs. WASTE MANAGEMENT COLLECTION AND RECYCLING; ACE AMERICAN INSURANCE, adjusted by GALLAGHER BASSETT SERVICES

This Workers' Compensation Appeals Board case, ADJ7857239, concerning Dennis Arnold vs. Waste Management Collection and Recycling, has been dismissed. The dismissal is due to the petitioner's withdrawal of their Petition for Reconsideration of the April 11, 2016 decision. The Board formally ordered the dismissal based on this withdrawal.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardWaste Management Collection and RecyclingACE American InsuranceGallagher Bassett ServicesADJ7857239Oakland District OfficeKatherine Zalewski
References
0
Case No. CA 12-01329
Regular Panel Decision
May 03, 2013

MULLIN, CARL D. v. WASTE MANAGEMENT OF NEW YORK, LLC

Carl D. Mullin, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder at a Waste Management of New York, LLC facility. Mullin initiated an action against Waste Management, which subsequently filed a third-party claim against Riccelli for breach of contract. Waste Management alleged that Riccelli failed to name it as an additional insured on various required insurance policies, including workers' compensation, commercial general liability, and automobile liability. The Supreme Court granted Waste Management's motion for partial summary judgment on the breach of contract claim. The Appellate Division unanimously affirmed the Supreme Court's order, also upholding the denial of Riccelli's motion to introduce new evidence, deeming it untimely and unlikely to alter the determination.

Breach of ContractInsurance CoverageAdditional Insured ClauseSummary Judgment MotionAppellate AffirmationThird-Party LitigationPersonal InjuryWorkplace AccidentLadder FallContractual Indemnity
References
2
Case No. MISSING
Regular Panel Decision
Apr 17, 2012

Mullin v. Waste Management of New York, LLC

This case involves an appeal from an order granting partial summary judgment. The plaintiff, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder on Riccelli's trailer at a Waste Management of New York, LLC facility. An agreement between Riccelli and Waste Management required Riccelli to name Waste Management as an additional insured on various insurance policies. Waste Management successfully moved for partial summary judgment on a breach of contract claim against Riccelli due to Riccelli's failure to name Waste Management as an additional insured. Riccelli's subsequent motion to submit new evidence was denied as the evidence was available previously and would not alter the outcome. The court found that Waste Management was not an additional insured on the CGL or automobile liability policies at the time of the accident.

Breach of ContractAdditional InsuredSummary JudgmentInsurance CoverageThird-Party LiabilityAppellate ReviewDenial of Motion to RenewWorkers' Compensation PolicyCommercial General LiabilityAutomobile Liability Policy
References
2
Case No. MISSING
Regular Panel Decision

Local Union 813, International Brotherhood of Teamsters v. Waste Management of New York, LLC

This action concerns a dispute between Waste Management of New York and Local 813 of the IBT regarding the arbitrability of employee terminations. Eight employees were terminated for misconduct occurring after the expiration of their collective bargaining agreement (CBA) but before a successor agreement was finalized. The Union sought to compel arbitration, arguing that the arbitration and termination-for-cause provisions of the expired contract survived. The employer contended these provisions did not survive, thus negating any obligation to arbitrate. The court examined principles of contract interpretation and labor law, concluding that the arbitration clause did not apply to the dispute, as there was no mutual agreement to extend these terms post-expiration. Consequently, the court granted summary judgment to Waste Management and denied the Union's motion.

arbitrationcollective bargaining agreementcontract expirationemployee terminationsummary judgmentlabor disputejust cause provisionunilateral implementationimpassestrike
References
9
Case No. MISSING
Regular Panel Decision
Jul 14, 1981

J. A. R. Management Corp. v. Sweeney

J. A. R. Management Corp. sold an apartment building to J. R. R. Realty Co., allegedly violating a collective bargaining agreement with Local 32B-32J S.E.I.U., AFL-CIO by failing to give notice and ensure the buyer adopted the agreement. The union initiated arbitration against both J. A. R. and J. R. R. and filed unfair labor practice charges with the National Labor Relations Board (NLRB) against J. R. R. Petitioners J. A. R. and J. R. R. sought to vacate the arbitration notice, arguing NLRB pre-emption. The Supreme Court granted their motion. On appeal, the judgment was modified: the notice to arbitrate was vacated only for J. R. R. Realty Co., while the motion against J. A. R. Management Corp. was denied. Arbitration against J. A. R. is stayed pending the NLRB's resolution of claims against J. R. R., after which arbitration may proceed for any unresolved disputes arising from the collective bargaining agreement.

ArbitrationCollective Bargaining AgreementNLRB Pre-emptionVacate Notice to ArbitrateEmployer-Union DisputeSale of BusinessSuccessor EmployerUnfair Labor PracticesStay of ArbitrationAppellate Review
References
2
Case No. MISSING
Regular Panel Decision
Aug 24, 1999

Town of Hempstead v. Inc. Village of Atlantic Beach

This case involves two related actions arising from inter-municipal agreements for waste disposal services. The defendants appealed from initial court orders concerning their obligations to pay minimum waste commitment tonnage fees and their entitlement to various credits, including those for private carters, recyclable materials, and yard waste. The plaintiffs cross-appealed regarding the methodology for calculating yard waste credits and the fees for using the Town's transfer facility. The Supreme Court, Nassau County, issued an initial order and a subsequent amended order upon reargument, clarifying several points. The Appellate Division affirmed the amended order, holding that the agreements unambiguously required villages to pay minimum tonnage fees regardless of actual waste delivered. The court also determined that the villages were only obligated to pay transfer facility fees based on actual waste delivered and that any ambiguities regarding yard waste credits should be interpreted against the Town as the drafter of the agreements.

Inter-municipal agreementsWaste disposalSummary judgmentContract interpretationMinimum commitment feesYard waste creditTransfer facility feesUnambiguous agreementsExtrinsic evidenceAmbiguity construction
References
10
Case No. MISSING
Regular Panel Decision

Roberts v. New York City Office of Collective Bargaining

This case concerns an appeal regarding the New York City Fire Department's "zero tolerance" policy, which mandates automatic termination for EMS employees who fail or refuse drug tests. Unions representing these employees argued that this policy should be subject to mandatory collective bargaining. The New York City Board of Collective Bargaining and a lower court ruled against the unions, asserting that the policy falls under management's disciplinary rights. The appellate court affirmed this decision, holding that disciplinary actions for EMS personnel are the sole province of the Fire Commissioner under the New York City Charter, and that deterring illegal drug use by EMS workers is critical to public safety and the FDNY's core mission.

Public SafetyEmergency Medical Services (EMS)Drug Testing PolicyZero ToleranceCollective BargainingMandatory BargainingNew York City Fire Department (FDNY)Fire CommissionerDisciplinary AuthorityNew York City Charter
References
12
Case No. MISSING
Regular Panel Decision

Nabi v. Hudson Group (HG) Retail, LLC

Plaintiffs Mohammed Nabi and Rifat Rizvi brought an action against Hudson Group (HG) Retail, LLC and Airport Management Services, LLC, alleging violations of the Fair Labor Standards Act and the New York Labor Law for misclassifying managers and failing to pay overtime. Plaintiffs sought conditional collective certification for a nationwide class of various managerial employees. The court denied the motion, finding that the plaintiffs' evidence was too localized to support a nationwide class and failed to demonstrate that the proposed class was

FLSANYLLConditional Collective CertificationClass ActionMisclassificationOvertime PayExempt EmployeesNon-Exempt EmployeesManagerial DutiesRetail Industry
References
17
Case No. 517789
Regular Panel Decision
Nov 06, 2014

MatterofSyracuseHaulersWasteRemoval,Inc.vMadisonCountyDepartmentofSolidWasteandSanitation

Syracuse Haulers Waste Removal, Inc., a commercial waste hauler, was cited by the Madison County Department of Solid Waste and Sanitation for violating Local Law No. 3 (2004) by failing to deliver 16 loads of construction debris to the County's landfill. After a hearing, the Madison County Board of Hearing found a violation, determining the loads were construction debris, not recyclables. Syracuse Haulers challenged this interpretation, but the Supreme Court dismissed their petition. The Appellate Division affirmed, ruling that the Board's interpretation of Local Law No. 3 was reasonable and that the local law was not superseded by state environmental law, as stricter local laws are permissible if not inconsistent with state legislation.

Waste ManagementEnvironmental LawLocal LawFlow ControlRecyclingConstruction DebrisDeclaratory JudgmentAdministrative ReviewAppellate DivisionNew York
References
10
Case No. MISSING
Regular Panel Decision

COALITION ON WEST VALLEY NUCLEAR WASTES v. Bodman

This case concerns a lawsuit initiated by plaintiffs in August 2005, seeking to compel the United States Department of Energy (DOE) to comply with the National Environmental Policy Act (NEPA) and a 1987 settlement stipulation. Plaintiffs challenged DOE's revised strategy for managing radioactive waste at the Western New York Nuclear Service Center, specifically its decision to divide the environmental impact review into two separate statements, arguing this breached the prior agreement and constituted impermissible segmentation under NEPA. The court denied plaintiffs' motion for summary judgment and granted defendants' cross-motion, concluding that DOE's approach was not arbitrary, capricious, or a breach of the stipulation, and that the waste management phase had independent utility. Additionally, plaintiffs' claim challenging DOE's authority to reclassify waste was dismissed as unripe. Consequently, the complaint was dismissed in its entirety.

Environmental LawNEPAAPAWaste ManagementNuclear WasteRadioactive WasteSettlement StipulationSummary JudgmentFederal CourtsJudicial Review
References
24
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