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

Case No. MISSING
Regular Panel Decision
Jun 11, 1973

In re the Arbitration between Yorktown Sportswear Co. & Amalgamated Clothing Workers of America

The case involves a small garment manufacturer, the petitioner, who sought to relocate operations from New York City to Florida, violating a collective bargaining agreement with the New York Joint Board. An impartial chairman, the designated arbitrator, issued awards directing workers to return to employment, ordering the employer to cease relocation activities, and later found the employer violated an injunction, ordering a $25,000 bond for damages. Special Term concluded arbitrator misconduct, warranting a replacement. The Supreme Court modified the judgment, deleting the provision for a court-appointed arbitrator and returning all disputes to the impartial chairman for a final and binding award, affirming the judgment as modified. The court found no warrant for removing the impartial chairman, noting that his awards were non-final, incomplete, and vacatable under CPLR 7511.

collective bargainingarbitration disputeplant relocationinjunctionarbitrator authoritycontract violationCPLR 7511labor lawSupreme Court decisionjudgment modification
References
0
Case No. MISSING
Regular Panel Decision

Makress Lingerie, Inc. v. International Ladies' Garment Workers' Union

Plaintiff Makress Lingerie Inc. sought a permanent stay of arbitration concerning a Settlement Agreement with the International Ladies’ Garment Workers’ Union (ILGWU) and Local 601, ILGWU. The Union alleged fraudulent inducement into the Settlement Agreement. Makress Lingerie contended that the arbitrator lacked jurisdiction over the fraud claim and that the Impartial Chairman was biased following its withdrawal from the Association. Judge Robert L. Carter, presiding over the case, ruled against the plaintiff. The court determined that the broad arbitration clause within the underlying Association Agreement encompassed the fraud claim and found no valid grounds for disqualifying the Impartial Chairman. Consequently, the temporary stay of arbitration was vacated, and Makress Lingerie Inc. was ordered to proceed with arbitration.

ArbitrationLabor DisputeCollective Bargaining AgreementFraud in InducementStay of ArbitrationArbitrabilityJudicial ReviewUnionEmployerContract Law
References
34
Case No. 03-15-00285-CV
Regular Panel Decision
Jul 01, 2015

Volkswagen Group of America, Inc. And Audi of America, Inc. v. John Walker III, in His Official Capacity as Chairman of the Texas Department of Motor Vehicles Board The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Official Capacities as Administrative Law Judges for the State Office

This case involves an appeal filed by Volkswagen Group of America, Inc. and Audi of America, Inc. (Appellants) against John Walker III, Chairman of the Texas Department of Motor Vehicles Board, and Administrative Law Judges Michael J. O'Malley and Penny A. Wilkov (Appellees). Appellants sought injunctive relief in district court to prevent Appellees from proceeding with an allegedly ultra vires remand of an administrative contested case after a Proposal for Decision (PFD) had been issued. The district court dismissed the lawsuit based on governmental immunity and failure to exhaust administrative remedies. Appellants argue that Appellees' actions, including ordering the remand and reopening evidence, exceeded their statutory authority under the Administrative Procedure Act and Texas Occupations Code, making governmental immunity inapplicable and exhaustion of remedies unnecessary.

Administrative LawUltra Vires ActsGovernmental ImmunityExhaustion of RemediesJudicial ReviewAgency AuthorityState Office of Administrative HearingsRemandContested CasesStatutory Interpretation
References
31
Case No. 14-18-00896-CV
Regular Panel Decision
Nov 18, 2021

City of Houston Mayor Sylvester Turner Controller Chris Brown Council Members Amy Peck, Tarsha Jackson, Abbie Kamin, Carolyn Evans-Shabazz, Dave Martin, Tiffany D. Thomas, Greg Travis, Karla Cisneros, Robert Gallegos, Edward Pollard, Martha Castex-Tatum, Mike Knox, David Robinson, Michael Kubosh, Letitia Plummer, and Sallie Alcorn And Director of Finance Tantri Emo v. Houston Municipal Employee Pension System Board Chairman Sherry Mose Board Vice-Chairman Lenard Polk Board Secretary Rhonda Smith And Board Trustees Roderick J. Newman, Roy W. Sanchez, Lonnie Vara, Barbara Chelette, Denise Castillo-Rhodes, David Donnelly, Edward J. Hamb II, and Adrian Patterson

This case is a continuation of a dispute between the Houston Municipal Employee Pension System and the City of Houston regarding statutorily required pension payments. The Pension System sought a writ of mandamus to compel the City to make these payments and asserted ultra vires claims against city officials. The City raised counterclaims and third-party claims, challenging the Pension System's standing and asserting governmental immunity. The trial court denied the City's plea to the jurisdiction and granted summary judgment for the Pension System. The appellate court affirmed the trial court's decision, rejecting the City's arguments concerning independent contractors, 401(k) program eligibility, retrospective relief, contractual claims, and res judicata.

Governmental ImmunityUltra Vires ClaimsPension SystemMunicipal EmployeesMandamusSummary JudgmentStatutory InterpretationTexas Constitutional LawAppellate ReviewEmployee Benefits
References
30
Case No. MISSING
Regular Panel Decision

New York Times Co. v. Newspaper & Mail Deliverers' Union of New York & Vicinity

The New York Times Company initiated a contempt action against the Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU) and three union officials (Douglas LaChance, Lawrence May, Monte Rosenberg). The action stemmed from the defendants' alleged violation of a June 4, 1980 consent order, which mandated compliance with "status quo" rulings by an Impartial Chairman in collective bargaining disputes. On September 17, 1980, NMDU members engaged in a work stoppage following an employee's suspension, despite an Impartial Chairman's ruling that the suspension did not alter the status quo and ordering a return to work. The court found NMDU and Lawrence May guilty of contempt, ordering them to pay $229,718 in compensatory damages to the Times. However, the court denied the application for contempt against Douglas LaChance and Monte Rosenberg, and also denied the Times' request for a prospective fine.

Labor DisputeContempt of CourtNo-Strike ClauseArbitrationCollective Bargaining AgreementWork StoppageDamagesUnion LiabilityWildcat StrikeStatus Quo Ruling
References
11
Case No. MISSING
Regular Panel Decision

Nuara v. State of New York Workers' Compensation Board

Petitioners, two terminated group self-insured trusts (GSITs), challenged monetary assessments levied against them by the New York State Workers' Compensation Board and its chairman. The assessments were imposed pursuant to various sections of the Workers’ Compensation Law, utilizing a "pure premium calculation" method established by 2007 amendments. The court considered new 2008 legislation that further amended the calculation method for ceased self-insurers but declined to apply it retroactively. Ultimately, the court found the Board's interpretation of "the preceding year" in its pure premium calculation for terminated GSITs to be unreasonable and contrary to the clear statutory language. Consequently, the levied assessments were annulled and vacated.

Group Self-Insured TrustsMonetary AssessmentsStatutory InterpretationRetroactive ApplicationPure Premium CalculationAdministrative LawCPLR Article 78Legislative IntentStatutory ConstructionSelf-Insurance Liabilities
References
19
Case No. MISSING
Regular Panel Decision
Aug 29, 1986

Pitta v. Hotel Ass'n of New York City, Inc.

The plaintiff, Vito J. Pitta, President of the New York Hotel and Motel Trades Council, AFL-CIO, and defendant Hotel Association of New York City, Inc., both moved for summary judgment concerning a June 25, 1986 arbitration award issued by defendant Millard Cass, the Impartial Chairman. The Council sought to vacate the award and compel the selection of a new chairman, while the Association aimed to confirm and enforce it. The court found that the Council had the right to unilaterally terminate Cass's term, effective sixty days after notice was given on June 2, 1986. Consequently, the court vacated the arbitration award, ruling that Cass's conclusions were contrary to the court's earlier findings of fact. The Association was directed to participate in selecting a successor chairman, with the order becoming effective on August 29, 1986, to allow for appeal.

ArbitrationLabor Management Relations ActFederal Arbitration ActImpartial ChairmanCollective Bargaining AgreementContract InterpretationEmployment at WillRes JudicataCollateral EstoppelJudicial Review of Arbitration
References
16
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Herman & New York City Transit Authority

The petitioners sought to vacate an arbitration award issued by Theodore Kheel, the impartial chairman of the transit industry. Their grievance concerned work pick rules which they claimed violated their seniority status and previous agreements between the Authority and its employees' unions. The arbitrator had denied their grievance, leading the petitioners to allege partiality and misbehavior on his part for consulting the Transport Workers Union. The court, however, found no basis for these charges, noting the informal nature of the arbitration and the arbitrator's prerogative to seek the union's opinion given the potential impact on other employees. Ultimately, the court concluded there was no impartiality or misbehavior and dismissed the petition to vacate the award.

arbitration awardvacate awardpartialitymisbehaviorwork rulesseniority rightsunion agreementgrievanceimpartial chairmanTransit Authority
References
2
Case No. MISSING
Regular Panel Decision

Hand v. Chairman of the Workers' Compensation Board

The petitioner, a licensed chiropractor, initiated a proceeding to vacate two arbitration awards concerning bills for treating Boris Mustac and Dawn Heffran. The Supreme Court, Kings County, granted the petition to vacate the awards, finding the Chiropractic Practice Committee improperly composed due to a vacancy. However, the Chairman, Workers’ Compensation Board, and State Insurance Fund appealed this decision. The appellate court reversed the Supreme Court's order and judgment, determining that a vacancy on the Committee did not invalidate its decisions and that the Mustac award was properly issued. Consequently, the petition to vacate the arbitration awards was denied, with the award for Boris Mustac being confirmed and the Heffran matter dismissed as withdrawn.

Arbitration AwardChiropractic TreatmentWorkers' Compensation LawAppellate ReviewVacate AwardConfirm AwardCommittee CompositionStatutory InterpretationInsurance CarrierMedical Billing Dispute
References
1
Case No. MISSING
Regular Panel Decision
Jan 23, 2008

Finkel v. Omega Communication Services, Inc.

Plaintiff Gerald Finkel, Chairman of the Joint Industry Board of the Electrical Industry, sued Omega Communication Services, Inc. for delinquent contributions to employee benefit plans under ERISA and LMRA. Omega failed to appear, leading to a default judgment motion. Magistrate Judge Azrack recommended granting default judgment, awarding $122,846.59 to the plaintiff, including unpaid contributions, interest, liquidated damages, and attorneys' fees and costs. District Judge John Gleeson adopted this Report and Recommendation, directing the clerk to enter judgment in accordance with the recommendation. The case details calculations for various benefit plans and addresses the reasonableness of attorney fees and costs.

ERISALMRADefault JudgmentDelinquent ContributionsEmployee BenefitsMulti-employer PlanAttorneys FeesLiquidated DamagesPrejudgment InterestCollective Bargaining Agreement
References
19
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