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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
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
4
Case No. MISSING
Regular Panel Decision
Sep 16, 2009

New York Racing Ass'n v. Local Union No. 3 International Brotherhood of Electrical Workers

The petitioner sought to vacate an arbitration award dated June 12, 2009, claiming it violated public policy. The Supreme Court, Nassau County, denied the petition, confirmed the award, and dismissed the proceeding. On appeal, the order was affirmed. The court determined that neither Racing, Pari-Mutuel Wagering and Breeding Law § 206 (4) and (5) absolutely prohibited the arbitrator's decision, nor did the award itself violate these laws, applying a two-prong public policy test. The court also noted that a previously agreed deferred prosecution agreement had expired and the respondent was not a party to it.

ArbitrationPublic PolicyCPLR Article 75Vacate Arbitration AwardRacing, Pari-Mutuel Wagering and Breeding LawDeferred Prosecution AgreementAppellate ReviewJudicial ReviewNassau CountySupreme Court
References
5
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

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
3
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
1
Case No. MISSING
Regular Panel Decision
Sep 17, 1981

Manhattan & Bronx Surface Transit Operating Authority v. Local 100, Transport Workers Union of America

The Manhattan and Bronx Surface Transit Operating Authority (MABSTOA) appealed a judgment from the Supreme Court, Kings County, which dismissed its petition to vacate an arbitration award. The arbitration stemmed from a dispute with Local 100, Transport Workers Union of America, regarding MABSTOA's proposed increase in "swing runs" within a new schedule. Arbitrator Theodore Kheel found an existing arrangement limiting swing runs and deferred the implementation of MABSTOA's changes, despite the changes not imperiling health or safety. MABSTOA argued the arbitrator exceeded his power under CPLR 7511 by ruling on matters beyond health and safety. The appellate court affirmed the judgment, concluding the arbitrator acted within his authority under a broad arbitration clause, particularly by considering the parties' 13-year past practices, and that the award was not irrational or a rewriting of the agreement.

Arbitration AwardCollective Bargaining AgreementVacate Arbitration AwardArbitrator's PowerExceeded PowerSwing RunsScheduling DisputePast PracticesIndustrial Common LawCPLR 7511
References
7
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
7
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
4
Case No. MISSING
Regular Panel Decision
Dec 03, 2004

Claim of Scally v. Ravena Coeymans Selkirk Central School District

In this case, a claimant appealed a Workers’ Compensation Board decision regarding apportionment of her workers' compensation award. The claimant, who suffered a work-related left knee injury in 2002, had a pre-existing non-work-related injury to the same knee from 1986. While a WCLJ initially denied apportionment, the Board reversed, directing a 50/50 apportionment based on the premise that the prior injury would have resulted in a schedule loss of use award had it been work-related. The appellate court upheld the Board's determination, deferring to its interpretation that a non-work-related injury leading to a schedule loss of use constitutes a "disability in a compensation sense" for apportionment purposes. This decision was supported by medical expert testimony indicating a schedule loss of use from the prior surgery.

Workers' CompensationApportionmentKnee InjuryNon-work-related InjurySchedule Loss of UsePreexisting ConditionMedical Expert TestimonyBoard InterpretationJudicial ReviewAppellate Decision
References
13
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
4
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