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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

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
Mar 11, 1994

Savino v. UTOG 2-Way Radio, Inc.

This case involves an appeal from a Workers' Compensation Board decision that determined an employer-employee relationship existed between a limousine driver, who was also a shareholder, and UTOG 2-Way Radio, Inc. The Board awarded workers' compensation benefits for injuries the claimant sustained while on duty. The appellate court affirmed the Board's finding, stating that the existence of an employer-employee relationship is a factual issue supported by substantial evidence, consistent with prior case law. The court also rejected the respondent's stare decisis argument, clarifying that administrative determinations under one statute are not binding under another.

Employer-employee relationshipWorkers' Compensation BoardLimousine driverSubstantial evidenceStare decisisUnemployment Insurance LawAppellate reviewIndependent contractor distinctionOn-duty injuryShareholder status
References
3
Case No. MISSING
Regular Panel Decision

Qavi v. Utog 2-Way Radio, Inc.

This case involves an appeal from a Workers’ Compensation Board decision, filed April 24, 1997, which determined an employer-employee relationship existed between a claimant, a limousine driver, and Utog 2-Way Radio, Inc., a dispatched car service. The claimant was injured in an automobile collision and sought benefits. The Board’s finding of an employer-employee relationship, crucial for benefit eligibility, was upheld by the appellate court due to substantial evidence of control exerted by Utog over the claimant. This determination aligned with previous similar cases involving Utog and other limousine drivers. The court rejected Utog’s arguments regarding a lease agreement and insufficient notice of claim, affirming the Board's decision.

Workers' CompensationEmployer-Employee RelationshipLimousine DriverAutomobile CollisionSubstantial EvidenceControl TestAppellate ReviewFactual IssueBoard DeterminationNotice of Claim
References
3
Case No. 2018 NY Slip Op 00210 [157 AD3d 1093]
Regular Panel Decision
Jan 11, 2018

Matter of Minefee (United Stas. Radio Networks, Inc.--Commissioner of Labor)

This case concerns Delance Minefee's claim for unemployment insurance benefits. The Unemployment Insurance Appeal Board determined that United Stations Radio Networks, Inc. was liable for contributions, ruling that 'callers' were statutory employees under Labor Law § 511 (1) (b) (1-a) as persons engaged in the performing arts. The Appellate Division, Third Department, reversed this decision. The court found the Board's interpretation of the statute irrational, clarifying that the individual's services, not the overall artistic endeavor, must require artistic or technical skill. As the callers' services lacked such skill, the statutory presumption of employment was not met. The matter was remitted to the Board to assess whether a common-law employer-employee relationship existed.

Unemployment InsuranceEmployer-Employee RelationshipPerforming ArtsStatutory EmployeeLabor Law InterpretationAppellate DivisionReversed and RemittedRadio BroadcastingArtistic SkillTechnical Skill
References
2
Case No. MISSING
Regular Panel Decision

United Electrical, Radio & Machine Workers v. International Brotherhood of Electrical Workers

The plaintiff, United Electrical Radio and Machine Workers of America, filed a complaint against various defendants, including labor unions, union officials, installers, and a manufacturer of electrical equipment, alleging a conspiracy to deprive its members of collective bargaining rights under the National Labor Relations Act. The defendants moved to dismiss, asserting lack of jurisdiction and failure to state a cause of action. The court, presided over by District Judge Mandelbaum, determined that the National Labor Relations Board holds exclusive jurisdiction over such controversies. Furthermore, the court found that the plaintiff had not exhausted its administrative remedies before the Board. Consequently, the court dismissed the complaint, directing the plaintiff to pursue relief through appropriate administrative proceedings.

Labor LawJurisdictionNational Labor Relations ActCollective BargainingUnfair Labor PracticeAdministrative RemediesExhaustion of RemediesConspiracyBoycottMotion to Dismiss
References
23
Case No. MISSING
Regular Panel Decision

United Electrical, Radio & MacHine Workers v. General Electric Co.

The Union, consisting of United Electrical, Radio and Machine Workers of America and five of its locals, sued General Electric Company under the Taft-Hartley Act to compel arbitration of various grievances. Both parties filed motions for summary judgment. The central issues revolve around whether the 1956-1960 collective bargaining agreement provides for compulsory arbitration and if the grievances fall within its scope. The court found the contract language ambiguous, requiring extrinsic evidence for proper interpretation. Consequently, the court denied both motions for summary judgment, citing the presence of genuine issues of material fact that warrant a full trial.

Collective Bargaining AgreementArbitrationTaft-Hartley ActSummary JudgmentLabor LawContract InterpretationExtrinsic EvidenceAmbiguityFederal Rules of Civil ProcedureGrievance Procedure
References
22
Case No. MISSING
Regular Panel Decision
Apr 15, 1964

United Electrical, Radio & Machine Workers v. Star Expansion Industries, Inc.

This case concerns a motion for a preliminary injunction filed by the United Electrical, Radio and Machine Workers of America (UE) against Star Expansion Industries, Inc. and Local #1968, International Brotherhood of Electrical Workers (IBEW). UE, newly certified as the bargaining agent, sought to displace IBEW in an ongoing arbitration concerning the discharge of employee Albert E. Dinges, which IBEW had commenced under its prior collective bargaining agreement. The court denied the injunction, affirming the arbitrator's decision that IBEW, as the union that initiated the grievance under its contract, retained the right to conclude the arbitration despite its decertification and contract expiration. The ruling emphasized the contractual nature of arbitration and the federal policy promoting industrial peace by allowing established proceedings to continue.

Collective BargainingUnion RepresentationArbitrationInjunctive ReliefDecertificationGrievanceLabor DisputeContractual ObligationFederal PolicyIndustrial Peace
References
10
Case No. MISSING
Regular Panel Decision

Midori Hosokawa v. Screen Actors Guild-American, Federation of Television & Radio

Plaintiff Midori Hosokawa, proceeding pro se, filed a lawsuit against Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) and its New York Local. She alleged breaches of SAG-AFTRA's duty of fair representation and its constitution, stemming from the Union's refusal to pursue her "upgrade" claims for compensation as a principal performer in a Verizon Droid commercial. SAG-AFTRA repeatedly informed Hosokawa that her claims were closed and warned her about persistent contact. Hosokawa's prior unfair labor practice charges with the NLRB were dismissed. The District Court granted SAG-AFTRA's motion to dismiss, ruling that the duty of fair representation claims were time-barred by the six-month statute of limitations, and the breach of constitution claims were either time-barred or lacked evidence of an actual breach.

Duty of Fair RepresentationLabor LawMotion to DismissStatute of LimitationsEquitable TollingUnion ConstitutionBreach of ContractPro Se PlaintiffSAG-AFTRAFederal Court
References
29
Case No. MISSING
Regular Panel Decision
Oct 17, 1990

Claim of Weingarten v. XYZ Two Way Radio Service, Inc.

This case addresses whether a claimant, a shareholder and participating limousine driver for XYZ Two Way Radio Service, Inc., qualifies as an employee eligible for workers' compensation benefits. The corporation, which provides dispatch services, requires drivers to purchase shares and own their limousines, covering personal expenses. While drivers have flexible hours, they are obligated to accept "voucher fares" assigned by the corporation, with penalties for refusal, and the corporation manages these payments. Initially, a Workers’ Compensation Law Judge found no employer-employee relationship, but the Workers’ Compensation Board reversed this decision, concluding an employer-employee relationship existed due to the corporation's significant control over the voucher fare system and the claimant's dependence on the corporation for business. The appellate court affirmed the Board's determination, finding sufficient evidence of control to support the finding of an employer-employee relationship.

employer-employee relationshipworkers' compensationlimousine driverindependent contractorcontrol testshareholderdispatch servicesvoucher faresadministrative appealNew York
References
12
Case No. MISSING
Regular Panel Decision
May 23, 1978

Barabas v. Prudential Lines, Inc.

The American Radio Association (ARA) and individual radio officers sought a preliminary injunction to enforce an arbitration award. The award directed Prudential Lines, Inc. to ensure that the sale of thirteen vessels to Delta Steamship Lines, Inc. included the current radio officer complement and an undertaking from Delta to maintain their employment. The court denied the motion, finding that while the plaintiffs raised serious questions regarding the award's enforceability under labor laws, they failed to demonstrate that the balance of hardships tipped decidedly in their favor. The court noted significant irreparable harm to Prudential and Delta, including potential loss of a $100 million deal, business disruption, and adverse effects on the domestic maritime industry. Ultimately, the potential economic losses for the defendants and broader public interest outweighed the plaintiffs' claim of irreparable job loss.

Preliminary InjunctionLabor-Management Relations ActArbitration Award EnforcementSherman Antitrust ActShipping Act of 1916National Labor Relations ActUnfair Labor PracticesCollective Bargaining AgreementMaritime IndustryVessel Sale
References
14
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