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

Case No. 71 Civ. 2381
Regular Panel Decision
May 27, 1971

Botany Industries, Inc. v. New York Joint Board, Amalgamated Clothing Workers of America

Botany Industries, Inc., an employer, sought to vacate a labor arbitration award, while the New York Joint Board, Amalgamated Clothing Workers of America, the union, sought its confirmation and enforcement. The dispute arose from a 1966 agreement between Botany and the Joint Board, which restricted Botany from doing business with non-union manufacturers of boys', students', and junior clothing and from licensing its 'Botany' trademark under similar conditions. Botany argued these provisions constituted an illegal 'hot cargo' agreement under section 8(e) of the Labor Management Relations Act. The union contended the agreement was protected by the 'garment industry exemption' or was a 'work preservation clause.' The court, presided over by Chief Judge Edelstein, found it had jurisdiction to review the award. It determined Botany did not fall under the garment industry exemption, nor was the agreement a valid work preservation clause. Consequently, the court held the agreement void and unenforceable, thereby vacating Arbitrator Gray's award.

Labor LawArbitration AwardHot Cargo ClauseGarment Industry ExemptionCollective Bargaining AgreementJudicial ReviewUnfair Labor PracticeUnion AgreementContract EnforcementTrademark Licensing
References
40
Case No. MISSING
Regular Panel Decision

Powers v. Fox Television Stations, Inc.

Steve Powers, a former television reporter, initiated an age discrimination lawsuit against Fox Television Stations, Inc. following his employment termination in 1992, citing violations of New York State and City human rights laws. Fox subsequently removed the case to federal court and moved to compel arbitration, referencing an arbitration clause within Powers' 1992 employment agreement, and to stay the ongoing action. Powers contended that his employment contract was exempt from the Federal Arbitration Act (FAA) and that his claims fell outside the arbitration clause's scope. The court, relying on Second Circuit precedents, disagreed with Powers' interpretation, concluding that the FAA's employment contract exclusion was limited to the transportation industry and that the broadly worded arbitration clause encompassed the dispute. Consequently, the court granted Fox's motions, compelling arbitration and staying the civil action.

Age DiscriminationEmployment ArbitrationFederal Arbitration ActContract LawStatutory InterpretationMotion to CompelStay of ProceedingsSecond Circuit PrecedentNew York Human Rights LawArbitration Clause Scope
References
12
Case No. MISSING
Regular Panel Decision
Aug 25, 2006

East End Property Co. 1 v. Kessel

The case involves a hybrid proceeding (CPLR article 78) and a taxpayer action (State Finance Law § 123-b) challenging two determinations by the Long Island Power Authority (LIPA) dated December 15, 2005. These determinations adopted a State Environmental Quality Review Act (SEQRA) findings statement and authorized LIPA to enter into a power purchase agreement with Caithness Long Island, LLC, for a 350-megawatt power plant in Brookhaven. The petitioners-plaintiffs appealed from an order and judgment which denied their amended petition, dismissed the proceeding, and dismissed the sixth and seventh causes of action. The appellate court affirmed, finding that while some civic associations had standing for certain claims, none had standing for the sixth cause of action (violations of Public Authorities Law § 1020-f) and the individual appellants failed to demonstrate sufficient injury. The court also affirmed the dismissal of the CPLR article 78 proceeding, concluding that LIPA satisfied its SEQRA obligations, including taking a "hard look" at environmental impacts and adequately analyzing alternatives. The court further ruled that LIPA's segmentation of the Iroquois Pipeline Extension environmental review was not improper due to federal preemption by the Federal Energy Regulatory Commission (FERC), and that no supplemental EIS was required. Finally, the court found the taxpayer action allegations insufficient to establish an illegal use of state funds under State Finance Law § 123-b.

Environmental ReviewSEQRAStandingTaxpayer ActionHybrid ProceedingPower Purchase AgreementLong Island Power AuthorityFederal PreemptionSegmentationAdministrative Law
References
55
Case No. MISSING
Regular Panel Decision

Danielson v. Joint Board of Coat, Suit & Allied Garment Workers Unions, ILGWU

The Regional Director of the National Labor Relations Board filed a petition for a temporary injunction against the Joint Board of Coat, Suit and Allied Garment Workers Union, ILGWU, AFL-CIO. This action stemmed from a charge by Hazantown, Inc., alleging the Joint Board engaged in unfair labor practices by picketing for recognition without filing an election petition within the statutory thirty-day period. Hazantown, a New York garment manufacturer utilizing contractors, became the target of picketing aimed at securing a "jobbers' agreement," which would obligate Hazantown to deal exclusively with union contractors, despite the Joint Board's disclaimer of interest in representing Hazantown's direct employees. The picketing demonstrably hindered Hazantown's business operations by inducing a stoppage of deliveries. Despite the complex statutory interpretation issues regarding Sections 8(b)(7)(C) and 8(e) of the National Labor Relations Act, the District Court, acknowledging its narrow jurisdiction, found "reasonable cause" to believe an unfair labor practice had occurred. Consequently, to maintain the status quo pending a full adjudication by the Board, the court granted the temporary injunction.

National Labor Relations ActUnfair Labor PracticeTemporary InjunctionPicketingLabor Union RecognitionGarment Industry ExemptionJobber's AgreementNLRA Section 8(b)(7)(C)NLRA Section 8(e)District Court Jurisdiction
References
7
Case No. MISSING
Regular Panel Decision

Ley v. Rochester Regional Joint Board, Local 14A

Rhonda P. Ley, Regional Director of the National Labor Relations Board, filed a petition against the Rochester Regional Joint Board, Local 14A (Union) seeking a preliminary injunction. Ley alleged that Article XXII of the collective bargaining agreement between the Union and Xerox Corporation (Employer) constituted an unlawful 'union signatory' agreement under Section 8(e) of the National Labor Relations Act. Furthermore, Ley claimed that the Union's continued attempts to enforce Article XXII violated Sections 8(b)(4)(ii)(A) and (B) of the Act. The Union argued that Article XXII was a lawful work preservation provision. The Court found reasonable cause to believe the Union was violating the Act and that a preliminary injunction was just and proper to prevent further statutory violations and maintain public interest. Consequently, the preliminary injunction was granted, enjoining the Union from enforcing Article XXII.

Labor LawPreliminary InjunctionUnfair Labor PracticeNational Labor Relations ActUnion Signatory AgreementWork PreservationCollective Bargaining AgreementSubcontractingArbitrationDistrict Court
References
11
Case No. MISSING
Regular Panel Decision
Apr 01, 1998

Mills v. Niagara Mohawk Power Corp.

Plaintiff, a telephone linesman employed by Contel, suffered an electrical shock injury while working on a utility pole, leading him to sue Smith & Smith Contractors, Inc. and Niagara Mohawk Power Corporation (NIMO) under various Labor Law sections and common-law negligence. The Supreme Court's order denied plaintiff's motion for partial summary judgment and the defendants' cross-motions for summary judgment. On appeal, the court modified the order by granting summary judgment to Smith & Smith Contractors, Inc., dismissing all Labor Law claims against them, as they were not deemed an owner, general contractor, or supervisor of the plaintiff's work. However, a common-law negligence claim against Smith remains. The court affirmed the denial of plaintiff's motion against NIMO, citing factual questions about whether the plaintiff was a recalcitrant worker. The court also affirmed the denial of NIMO's cross-motion to dismiss the Labor Law § 241 (6) claim, accepting the belatedly cited safety regulation 12 NYCRR 23-1.16. Finally, the court rejected NIMO's argument that the action was precluded by the Workers' Compensation Law's exclusivity provisions based on a purported joint venture. The order was modified to dismiss the Labor Law claims against Smith & Smith Contractors, Inc. and otherwise affirmed.

Labor Law § 240 (1)Labor Law § 241 (6)Recalcitrant WorkerSummary JudgmentUtility Pole AccidentElectrical ShockConstruction AccidentJoint Venture DefenseNegligenceDuty to Supervise
References
13
Case No. MISSING
Regular Panel Decision

Washington v. Niagara Mohawk Power Corp.

Plaintiff Dozier Washington, an African American employee of Niagara Mohawk Power Corporation, brought suit against his employer and the International Brotherhood of Electrical Workers (IBEW) after his 1994 demotion from electrician to meter reader. He alleged racial discrimination, a conspiracy to impair his rights under federal law and a collective bargaining agreement, and that the Union breached its duty of fair representation. Claims against the employer were previously dismissed. The court considered motions for summary judgment from IBEW and a cross-motion from Washington. The court granted IBEW's motion, dismissing all of Washington's remaining claims, citing insufficient evidence for the conspiracy and discrimination claims and finding the breach of duty of fair representation claim to be time-barred under both federal and New York state law. The court denied IBEW's counterclaim for attorney's fees and Washington's cross-motion for partial summary judgment, ultimately dismissing the suit in its entirety.

Racial DiscriminationEmployment LawUnion RepresentationSummary JudgmentFederal Civil RightsDemotionCollective Bargaining AgreementStatute of LimitationsConspiracyLabor Relations
References
23
Case No. 2015 NY Slip Op 06425 [131 AD3d 461]
Regular Panel Decision
Aug 05, 2015

Power v. Frasier

Joseph Power, an employee of the New York City Transit Authority, and his wife, sought damages for personal injuries sustained when Power was struck by a vehicle driven by coemployee John Frasier in a parking lot. Power had received workers' compensation benefits for his injuries. The defendants, John Frasier and his father Edward M. Frasier, moved for summary judgment, arguing the action was barred by the exclusivity provisions of the Workers' Compensation Law. The Supreme Court granted their motion, and the Appellate Division affirmed, holding that the Workers' Compensation Law provides an exclusive remedy when both parties are coemployees acting within the scope of their employment. Since John Frasier was found to be acting within the scope of his employment, he was immune from direct liability, and his father could not be held vicariously liable.

Personal InjuryWorkers' Compensation LawExclusivity ProvisionsCoemployee ImmunitySummary JudgmentVicarious LiabilityScope of EmploymentParking Lot AccidentAppellate ReviewStatutory Interpretation
References
15
Case No. MISSING
Regular Panel Decision

Genesco, Inc. v. JOINT COUNCIL 13, UNITED SHOE WKRS. OF AMER.

The plaintiff, Genesco, Inc., a shoe manufacturer, sued Joint Council 13, United Shoe Workers of America, AFL-CIO, alleging four causes of action. The first cause of action claimed a breach of collective bargaining agreements and a no-strike clause. The second alleged violations of Section 303 of the L.M.R.A. by inducing other employers to cease doing business with Genesco. The third and fourth causes of action were common law torts alleging inducement of other labor organizations to breach contracts and a scheme to destroy Genesco's business. The court dismissed the first cause of action, finding no valid contract existed at the time of the strike. The second cause of action survived dismissal, while the third and fourth causes of action were dismissed with leave to amend, as they were deemed arguably within the exclusive jurisdiction of the National Labor Relations Board.

Labor DisputeCollective Bargaining AgreementNo-Strike ClauseArbitration ClauseUnfair Labor PracticeNational Labor Relations BoardJurisdictionPreemptionPendent JurisdictionDiversity Jurisdiction
References
22
Case No. MISSING
Regular Panel Decision
Jul 09, 1959

Anzio Frocks, Inc. v. Joint Board Dress & Waistmakers' Union of Greater New York

Anzio Frocks, Inc. sought an order to enjoin arbitration proceedings initiated by the Joint Board Dress and Waistmakers’ Union of Greater New York and the International Ladies’ Garment Workers Union, citing alleged violations of a Collective Agreement. The court determined it lacked jurisdiction over the unions because service on their attorneys was deemed ineffective. Furthermore, Anzio failed to demonstrate any basis for irreparable damage, and the court noted a history of delaying tactics by Anzio. Consequently, the court denied Anzio's petition to enjoin the arbitration.

ArbitrationInjunctionJurisdictionService of ProcessCollective AgreementIrreparable DamageLabor UnionStay OrderDelaying TacticsFederal Court
References
3
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