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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

Hygiene Industries v. Plastic, Metal, Novelty & Allied Workers' Union Local 132-98

Hygiene Industries sought to prevent Plastic, Metal, Novelty and Allied Workers’ Union, Local 132-98, I.L.G.W.U. from arbitrating a grievance concerning the proposed closure of two plants in Brooklyn, New York. Hygiene argued the dispute was not arbitrable because the collective bargaining and settlement agreements might expire before the plant closings. The Union contended that the settlement agreement’s duration was tied to Hygiene’s operations in Sardis, Mississippi, and that the broad arbitration clauses covered the dispute. The court emphasized the strong federal policy favoring arbitration in labor disputes. Ultimately, the motion to enjoin arbitration was denied, as the court found the expiration date of the Settlement Agreement ambiguous and a matter for the arbitrator, not the court, to decide.

ArbitrationLabor LawCollective BargainingPlant ClosureInjunctionGrievance ProcedureContract DurationFederal PreemptionJudicial DeferenceArbitrability
References
9
Case No. 3-85-0031
Regular Panel Decision

Allen v. Allied Plant Maintenance Company of Tennessee

Plaintiff Allen sued Allied Plant Maintenance Company, the International Union of Operating Engineers (IUOE), and Local 912 of the IUOE following his discharge in July 1984. Allen alleged a conspiracy among the defendants, leading to violations of federal labor laws, including the National Labor Relations Act (NLRA), Labor Management Reporting and Disclosure Act (LMRDA), and the duty of fair representation (DFR) under the Labor Management Relations Act (LMRA), as well as a state claim for breach of employment contract. Chief Judge Wiseman granted summary judgment to the defendants on all claims except the DFR claim. The Court dismissed Allen's civil rights claim under 42 U.S.C. § 1985(2) due to a lack of class-based discriminatory animus and an insufficient nexus to a federal court proceeding, and found the NLRA claims preempted by the NLRB's exclusive jurisdiction. The LMRDA claim was dismissed as it did not infringe upon Allen's rights as a union member. The judge denied the defendants' motion to strike Allen's jury demand for the DFR claim but granted the motion to strike his request for punitive damages.

Summary JudgmentDuty of Fair RepresentationLabor RelationsWrongful TerminationUnion ConspiracyFederal PreemptionCivil Rights (42 U.S.C. § 1985)Labor Management Reporting and Disclosure ActNational Labor Relations ActBreach of Contract
References
52
Case No. MISSING
Regular Panel Decision

Noell v. City of Carrollton

This dispute involves claims by homeowners in the Air Park Dallas community against a real estate developer, the zoning committee, and the City of Carrollton. The City ordered the airpark's airport closed after annexing a portion of it and passing an ordinance. Homeowners sued the developer and zoning committee for breach of contract, fiduciary duty, and interference with easements, and sued the City challenging the ordinance and closure order. Noell, a homeowner and minority owner of the developer, also challenged the ordinance. The trial court invalidated the closure order and granted relief to homeowners. On appeal, the court affirmed the invalidation of the closure order, reversed the finding that the ordinance was facially valid, and remanded some claims to the trial court. It also modified part of the injunctive relief against the developer and affirmed the judgment in all other respects.

Airpark CommunityEasement RightsMunicipal ZoningNuisance AbatementDue ProcessConstitutional LawContract BreachFiduciary DutyProperty RestrictionsOrdinance Vagueness
References
84
Case No. MISSING
Regular Panel Decision

Anaconda Co., Wire & Cable Division, Inc. v. Local 404 International Union of Electrical, Radio & Machine Workers, AFL-CIO

The plaintiff, an electrical wire and cable manufacturer, sought a preliminary injunction against its former employees and their local union to prevent physical obstruction, threats of violence, and to limit the number of pickets at its Hastings-on-Hudson plant. The plaintiff announced the plant's closure in June 1975 due to economic reasons, leading to the termination of the union contract. Defendants argued the dispute was a labor dispute under New York State Labor Law § 807 and that picketing was protected by the Fourteenth Amendment. The court found no labor dispute as the plant was ceasing operations. While affirming the right to peaceful picketing, the court granted a preliminary injunction restraining trespassing, obstruction of ingress/egress, and acts of violence, but denied the request to limit the number of pickets, emphasizing that conduct, not numbers, determines legality.

Preliminary injunctionLabor disputePicketing rightsPlant closureFreedom of speechConstitutional rightsUnlawful actsTemporary injunctionIngress and egressProperty rights
References
9
Case No. MISSING
Regular Panel Decision

Claim of Stevenson v. Sunoco Flexible Packaging

Claimant, an assistant supervisor with 30 years of experience, suffered a causally-related permanent partial respiratory disability. After his employer closed the plant, he sought workers' compensation benefits, which were denied by the Workers' Compensation Board on the grounds of voluntary withdrawal from the labor market. The Board found he failed to seek employment after the plant closure, an event unrelated to his disability. The appellate court affirmed this decision, emphasizing the claimant's obligation to demonstrate labor market attachment through an employment search within medical restrictions, especially when involuntary retirement is not found. As the claimant made no effort to seek work, the Board's determination was supported by substantial evidence.

Voluntary WithdrawalLabor Market AttachmentPermanent Partial DisabilityEmployment SearchPlant ClosureBenefits DenialAppellate AffirmationMedical RestrictionsCausally-Related DisabilityBoard Decision Appeal
References
8
Case No. MISSING
Regular Panel Decision
Jun 29, 1990

Jones v. Kayser-Roth Hosiery, Inc.

This Memorandum Opinion addresses a class action brought by former employees of Kay-ser-Roth Hosiery, Inc. (KR) under the Worker Adjustment and Retraining Notification Act (WARN Act). The plaintiff class alleged that KR failed to provide timely notice of a plant closing or mass layoff in 1989 in Harriman, Tennessee. The court found that 159 employees, who were temporarily laid off on May 18, 1989, were 'affected employees' entitled to notice under the Act. The court determined that KR violated the WARN Act by failing to provide notice by May 30, 1989, following the sudden and unexpected loss of the major J.C. Penney account, which necessitated the plant's closure. Although KR was granted credit for voluntary severance payments against its liability, the court denied its 'good faith' defense for reducing the statutory penalty. Plaintiffs were deemed eligible to recover the value of lost benefits, specifically the premiums paid, and any medical expenses incurred during the violation period.

WARN ActPlant ClosingMass LayoffEmployment LossBusiness Circumstances ExceptionForeseeabilityNotice RequirementSeverance PayEmployee BenefitsGood Faith Defense
References
7
Case No. MISSING
Regular Panel Decision

Local 175, United Plant & Production Workers v. Thompson

Local 175, a labor union, initiated a CPLR article 78 petition challenging the Comptroller of the City of New York's 2009-2010 prevailing wage schedules for asphalt workers. Local 175 contended that it was the predominant union for asphalt pavers and that the Comptroller should have based the prevailing wage on its collective bargaining agreement, which offered higher rates than those determined by Local 1018's agreement. The Comptroller cross-moved to dismiss the petition, arguing that under Labor Law § 220 (6), only employers, not labor organizations, have standing to contest such determinations. The court agreed with the Comptroller, rejecting Local 175's arguments and declining to follow a prior ruling that had granted standing to a union in a similar context. The court held that the Legislature intended to limit standing to employers, thus Local 175 lacked the legal capacity to challenge the prevailing wage rate determination. Consequently, the court granted the Comptroller's cross-motion and dismissed the petition.

Prevailing wageLabor Law § 220CPLR article 78Standing doctrineFiscal officerCollective bargaining agreementPublic workAsphalt workersNew York City ComptrollerLabor union
References
5
Case No. 06-01-00129-CV
Regular Panel Decision
May 02, 2002

Suzanne Chhim v. University of Houston and Tom Wray, Director, Physical Plant

Suzanne Chhim sued the University of Houston (UH) and Tom Wray for wrongful termination and Title VII violations. The trial court granted summary judgment for UH and Wray. On appeal, Chhim abandoned her Title VII claim, which was affirmed. However, regarding the wrongful termination claim under Tex. Lab. Code Ann. § 451.001, the appellate court found that Chhim established a causal link between her intent to file a worker's compensation claim and her termination. The court also determined that UH and Wray failed to provide a valid, nondiscriminatory reason for her termination that rebutted the causal connection. Consequently, the appellate court reversed the summary judgment on the wrongful termination claim and remanded it for further proceedings due to remaining genuine issues of material fact.

Wrongful TerminationRetaliatory DischargeSummary JudgmentWorkers' Compensation ClaimCausal ConnectionPrima Facie CaseBurden of ProofTexas Labor CodeEmployment LawAppellate Review
References
28
Case No. MISSING
Regular Panel Decision

Arnold v. Firestone Tire & Rubber Co.

This worker's compensation case involves Mr. Arnold, who sought compensation for disability from allergic asthma and bronchitis, an occupational disease. The plaintiff's underlying condition was primarily attributed to his history of smoking, but the trial court found that it was significantly aggravated by the inhalation of various substances at the Firestone Plant where he worked for nearly 40 years. This aggravation led to a finding of permanent and total disability. The defendant appealed, arguing the condition was not work-related and only temporary. The appellate court affirmed the trial court's decision, emphasizing the principle that an employer is liable for disabilities resulting from the aggravation of a pre-existing condition brought about by occupation, even if the underlying condition was not initially work-related.

Worker's CompensationOccupational DiseaseAllergic AsthmaBronchitisAggravation of Pre-existing ConditionSmokingIndustrial ExposurePermanent DisabilityEmployer LiabilityCausation
References
5
Case No. MISSING
Regular Panel Decision

Markowitz v. Bloomberg

Petitioners, political representatives of various districts and boroughs in the City of New York, sought to vacate a determination by the New York City Fire Department and other city agencies to close firehouses and dissolve fire companies due to fiscal constraints. They alleged inadequate notice, an arbitrary and capricious decision, and violations of the New York State and City Environmental Quality Review Acts (SEQRA/CEQR). The court found the respondents' decision was not arbitrary or capricious and did not violate environmental laws, categorizing the closures as 'Type II' actions under SEQRA, thus exempt from extensive environmental review. However, the court did identify a failure by respondents to provide proper written notice to specific community entities concerning the closing of Engine Company 261, as mandated by the New York City Charter 487(a). Despite this procedural flaw, the court denied injunctive relief to restore the unit, concluding that the omission was inadvertent and did not prejudice the public's opportunity for protest and debate.

Fiscal CrisisFire DepartmentFirehouse ClosuresPublic SafetyEnvironmental Quality Review Act (SEQRA)New York City CharterNotice RequirementsInjunctive ReliefAdministrative LawJudicial Review
References
12
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