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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

Jan 12, 2007

Buffalo Teachers Federation, Inc. v. Board of Education

This case involves an appeal from a judgment confirming an arbitration award stemming from a dispute between a petitioner and the City School District of the City of Buffalo. The dispute began when the District unilaterally altered health insurance providers, violating a collective bargaining agreement (CBA). An arbitrator found the District in violation and ordered reinstatement of laid-off teachers. The Supreme Court initially confirmed the award. On appeal, the judgment was modified: the court affirmed the part of the award concerning the CBA violation but vacated the part mandating teacher reinstatement, finding the arbitrator exceeded his authority by granting a benefit not explicitly in the CBA.

Arbitration AwardCollective Bargaining AgreementHealth Insurance BenefitsTeacher LayoffsArbitrator AuthorityPublic PolicyJudgment ModificationErie CountyUnilateral Contract ChangeLabor Dispute

References

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

Case No. MISSING

Regular Panel Decision

Jun 30, 1989

Lange v. Sartorius, Inc.

This case concerns an appeal from an order of the Supreme Court, New York County, which affirmed an arbitrators’ award in favor of the petitioner and denied the respondents’ cross-motion to vacate it. The dispute arose from the petitioner's termination of employment, which was submitted to arbitration as per their employment agreements. The arbitrators found that the respondents had not complied with the agreements and rendered a monetary award to the petitioner, considering his sudden departure. The appellate court upheld the lower court's decision, emphasizing that arbitration awards are given deference and are not subject to judicial review for merely erroneous factual findings unless completely irrational. Since the arbitrators' award was not irrational, the Supreme Court's order was affirmed.

Arbitration AwardConfirmation of AwardVacatur of AwardEmployment DisputeJudicial Review of ArbitrationDeference to ArbitratorsIrrational FindingsNew York LawFederal LawAppellate Affirmation

References

Case No. MISSING

Regular Panel Decision

Schmidt v. Falls Dodge, Inc.

The claimant was awarded a 21.43% schedule loss of use for binaural hearing loss in 2007. The Workers’ Compensation Law Judge and the Workers’ Compensation Board determined that this award was not subject to temporary disability benefits the claimant was already receiving from earlier workers' compensation cases. The employer and State Insurance Fund appealed, contending that a Court of Appeals decision overruled prior holdings regarding the overlap of schedule and nonschedule awards. The appellate court affirmed the Board's decision, distinguishing between schedule awards for future earnings loss and nonschedule awards for temporary disability during a limited time frame, concluding they do not overlap.

Workers' CompensationSchedule Loss of UseTemporary DisabilityBinaural Hearing LossAward OverlapAppellate DecisionInsurance FundEmployer LiabilityMedical BenefitsEarnings Loss

References

Case No. MISSING

Regular Panel Decision

Mar 01, 2002

In re the Arbitration between Sheet Metal Workers International Ass'n & Building & Construction Trades Council

This case addresses a jurisdictional dispute between local labor unions regarding work on a construction project. The Supreme Court affirmed an arbitration award, finding both the petitioner and respondent locals were obligated to arbitrate under the New York Plan for Settlement of Jurisdictional Disputes. The court dismissed arguments regarding a separate national collective bargaining agreement involving the petitioner international union and employer, deeming it a "stranger" to the New York agreement. Consequently, the lower court's determination confirming the award in favor of the respondent local was unanimously affirmed. The petitioners' other contentions challenging the award were found unavailing.

ArbitrationLabor UnionJurisdictional DisputeCollective Bargaining AgreementAward ConfirmationSupreme CourtContractual ObligationLabor LawWork AssignmentDispute Resolution

References

Case No. MISSING

Regular Panel Decision

C&D TECHNOLOGIES, INC. v. International Ass'n of Heat and Frost Insulators & Asbestos Workers

This case involves cross-motions to vacate and confirm a labor arbitration award. Plaintiff C & D Technologies sought to set aside an award where Arbitrator Sheila Cole found the company violated its collective bargaining agreement by changing the "six week average" pay calculation. Defendant Local sought to confirm the award. The District Court, presided over by Judge McMahon, reviewed whether the arbitrator exceeded her powers under the Federal Arbitration Act, Section 10(a)(4). The court found that the arbitrator did not exceed her powers, properly interpreted the ambiguous contract language, and her decision was rational. Consequently, the court denied the motion to set aside, granted the cross-motion to confirm the arbitration award, and dismissed the petition.

ArbitrationCollective Bargaining AgreementLabor DisputeFederal Arbitration ActContract InterpretationManifest Disregard for LawVacaturConfirmation of AwardSix Week Average PayWage Calculation

References

Case No. MISSING

Regular Panel Decision

Marino v. Edward Axel Roffman Associates, Inc.

The petitioner, referred to as the Union, moved to confirm an arbitrator's award, while the respondent, the employer, cross-moved to vacate the award and enjoin arbitration, arguing pre-emption by a pending National Labor Relations Board (NLRB) grievance. The dispute arose from an alleged breach of a collective bargaining agreement concerning 'outside work' sent to other plants. During the arbitration hearing, the employer walked out after the arbitrator ruled to take evidence on the out-of-state plant, believing the issue was exclusively under NLRB jurisdiction. The court distinguished precedents cited by the employer, finding that a mere grievance, without a prior NLRB determination, does not establish res judicata or pre-emption. Consequently, the court granted the Union's motion to confirm the arbitrator's award and denied the employer's cross-motion.

Collective Bargaining AgreementArbitrationArbitrator's AwardNational Labor Relations BoardLabor DisputePre-emption DoctrineRes JudicataVacate AwardConfirm AwardWalkout from Hearing

References

Case No. 13 Civ. 2686(RWS)

Regular Panel Decision

CBF Indústria de Gusa v. AMCI Holdings, Inc.

Plaintiffs, a group of Brazilian pig iron suppliers, sought to enforce an International Chamber of Commerce arbitral award exceeding $48 million against Corporate and Individual Defendants, alleging they were alter egos and successors-in-interest to the award debtor, Steel Base Trade, AG (SBT). The Complaint claimed Defendants fraudulently transferred SBT's assets to Prime Carbon to evade the award. The District Court dismissed the First Cause of Action, finding that complex alter-ego or successor-in-interest determinations are inappropriate in an enforcement action for an unconfirmed arbitral award where the court sits in secondary jurisdiction. The court also dismissed the Second through Sixth Causes of Action, which alleged fraud, considering them impermissible attempts to modify the arbitral award, as these issues were previously litigated before and rejected by the ICC Tribunal.

Arbitral Award EnforcementAlter Ego LiabilitySuccessor LiabilityFraudulent TransferInternational ArbitrationNew York ConventionSubject Matter JurisdictionPersonal JurisdictionVenueMotion to Dismiss

References

Case No. MISSING

Regular Panel Decision

Jan 17, 2006

Patrolmen's Benevolent Ass'n of the City of New York, Inc. v. District Council 37, AFSCME, AFL-CIO

This case involves a judgment from the Supreme Court, New York County, affirming an earlier arbitrator’s award. The judgment, entered on January 17, 2006, by Justice Michael D. Stallman, confirmed an arbitrator's award dated September 2, 2004. The petitioners, who were not parties to the original arbitration between District Council 37 and the City of New York, sought to vacate this award. The court determined that the petitioners lacked standing, either statutorily or under common law, to seek the vacatur. Their claims of potential harm were deemed too speculative, especially since there was no evidence suggesting that any of their members would face layoffs or demotions as a result of the award. Consequently, the judgment dismissing the petition was unanimously affirmed by the appellate court.

Arbitration AwardStandingVacatur PetitionAppellate ReviewNew York LawSupreme CourtLabor DisputeDismissalAffirmed JudgmentCPLR

References

Case No. MISSING

Regular Panel Decision

District Council No. 9 v. APC Painting, Inc.

Plaintiff District Council No. 9 (the Union) initiated this action under the Labor Management Relations Act to enforce several arbitration awards against APC Painting, Inc., its related APC and Apollo entities, and individual Gregory Fucci. The Union sought to confirm awards from the Joint Trade Committee (JTC) regarding violations of a collective bargaining agreement, including underpayment of wages and employment of non-union workers. Defendants moved to dismiss claims against Fucci and the Apollo entities, arguing non-participation in arbitration and denial of alter ego liability. Magistrate Judge Gorenstein denied the defendants' motion, allowing the alter ego theory to be pursued, and granted the Union's motion for partial summary judgment. The court confirmed the arbitration awards against the APC entities, affirming the limited judicial review of such awards and rejecting defendants' objections.

Labor LawArbitration AwardCollective Bargaining AgreementLMRA Section 301Alter Ego DoctrineCorporate Veil PiercingSummary JudgmentMotion to DismissWage ViolationsFringe Benefits

References

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Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

Jan 12, 2007

Buffalo Teachers Federation, Inc. v. Board of Education

Arbitration AwardCollective Bargaining AgreementHealth Insurance BenefitsTeacher LayoffsArbitrator AuthorityPublic PolicyJudgment ModificationErie CountyUnilateral Contract ChangeLabor Dispute

References

Case No. MISSING

Regular Panel Decision

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

Arbitration AwardCollective BargainingUnion AssignmentContract DisputeMotion to ConfirmMotion to VacateLabor DisputeJudicial ReviewInterim AwardFinality of Award

References

Case No. MISSING

Regular Panel Decision

Jun 30, 1989

Lange v. Sartorius, Inc.

Arbitration AwardConfirmation of AwardVacatur of AwardEmployment DisputeJudicial Review of ArbitrationDeference to ArbitratorsIrrational FindingsNew York LawFederal LawAppellate Affirmation

References

Case No. MISSING

Regular Panel Decision

Schmidt v. Falls Dodge, Inc.

Workers' CompensationSchedule Loss of UseTemporary DisabilityBinaural Hearing LossAward OverlapAppellate DecisionInsurance FundEmployer LiabilityMedical BenefitsEarnings Loss

References

Case No. MISSING

Regular Panel Decision

Mar 01, 2002

In re the Arbitration between Sheet Metal Workers International Ass'n & Building & Construction Trades Council

ArbitrationLabor UnionJurisdictional DisputeCollective Bargaining AgreementAward ConfirmationSupreme CourtContractual ObligationLabor LawWork AssignmentDispute Resolution

References

Case No. MISSING

Regular Panel Decision

C&D TECHNOLOGIES, INC. v. International Ass'n of Heat and Frost Insulators & Asbestos Workers

ArbitrationCollective Bargaining AgreementLabor DisputeFederal Arbitration ActContract InterpretationManifest Disregard for LawVacaturConfirmation of AwardSix Week Average PayWage Calculation

References

Case No. MISSING

Regular Panel Decision

Marino v. Edward Axel Roffman Associates, Inc.

Collective Bargaining AgreementArbitrationArbitrator's AwardNational Labor Relations BoardLabor DisputePre-emption DoctrineRes JudicataVacate AwardConfirm AwardWalkout from Hearing

References

Case No. 13 Civ. 2686(RWS)

Regular Panel Decision

CBF Indústria de Gusa v. AMCI Holdings, Inc.

Arbitral Award EnforcementAlter Ego LiabilitySuccessor LiabilityFraudulent TransferInternational ArbitrationNew York ConventionSubject Matter JurisdictionPersonal JurisdictionVenueMotion to Dismiss

References

Case No. MISSING

Regular Panel Decision

Jan 17, 2006

Patrolmen's Benevolent Ass'n of the City of New York, Inc. v. District Council 37, AFSCME, AFL-CIO

Arbitration AwardStandingVacatur PetitionAppellate ReviewNew York LawSupreme CourtLabor DisputeDismissalAffirmed JudgmentCPLR

References

Case No. MISSING

Regular Panel Decision

District Council No. 9 v. APC Painting, Inc.

Labor LawArbitration AwardCollective Bargaining AgreementLMRA Section 301Alter Ego DoctrineCorporate Veil PiercingSummary JudgmentMotion to DismissWage ViolationsFringe Benefits

References

Showing 1-10 of 7,975 results

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