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

Case No. ADJ2414146 (ANA 0407600)
Regular
Oct 20, 2008

JOSEPH MORENO vs. COUNTY OF LOS ANGELES/PUBLIC SAFETY

This case involves a Petition for Reconsideration filed by the Defendant, County of Los Angeles/Public Safety, regarding an order for temporary disability benefits. The Board dismissed the petition, finding no order was issued under the case number cited by the Defendant, and also noting the underlying order merely approved a stipulation voluntarily entered into by the Defendant. Even if the petition had been properly filed, reconsideration would have been denied as there was no basis to set aside the Defendant's stipulation.

WCABPetition for ReconsiderationStipulationTemporary DisabilityDate of InjuryJurisdictionExpedited Hearing OrderSelf-InsuredWorkers' Compensation JudgeCase Number
References
0
Case No. 657577/19
Regular Panel Decision
Sep 11, 2025

McMillian v. Out-Look Safety LLC

This case involves an appeal concerning an order from the Supreme Court, New York County, which granted class certification to plaintiffs Craig McMillian, Eian McMillian, and Victor Ballast. The plaintiffs, identified as non-union construction "flaggers," asserted that they were unlawfully paid below the prevailing wage for public works projects in New York City, having been misclassified as "crossing guards" or "traffic control." The lawsuit targeted Out-Look Safety LLC, Restani Construction Corp., Triumph Construction Corp., Elecnor Hawkeye, LLC, and Safeway Construction Enterprises, LLC. The Appellate Division, First Department, affirmed the Supreme Court's decision, determining that the plaintiffs had adequately demonstrated the prerequisites for class certification under CPLR 901(a), including numerosity, commonality, typicality, and superiority. Additionally, the Appellate Division concurred that the Supreme Court's modified class definition successfully circumvented the creation of an impermissible "fail-safe" class.

Class certificationPrevailing wage disputeConstruction flaggersMisclassificationCPLR 901(a) factorsNumerosityCommonalityTypicalitySuperiorityFail safe class
References
15
Case No. MISSING
Regular Panel Decision

Romaine v. New York City Transit Authority

Petitioners, Local 106 Transport Workers Union and Richard LaManna, initiated a proceeding to prevent the New York City Transit Authority (NYCTA) from mandating track safety training for property protection supervisors. The Supreme Court, Kings County, denied the petition, citing the petitioners' failure to exhaust administrative remedies and asserted Public Employment Relations Board (PERB) jurisdiction over improper labor practice claims. The appellate court reversed this judgment, ruling that the existing collective bargaining agreement was solely between the Union and the nonparty Manhattan and Bronx Surface Transit Operating Authority (MABSTOA), not the NYCTA, making its grievance procedures inapplicable to the NYCTA. Furthermore, the court found that PERB lacked jurisdiction because the NYCTA was not the employer of the supervisors. Consequently, the petition was granted, prohibiting the NYCTA from enforcing mandatory track safety training.

Labor LawCollective Bargaining AgreementAdministrative RemediesPublic Employment Relations BoardProhibition ProceedingTrack Safety TrainingProperty Protection SupervisorsManhattan and Bronx Surface Transit Operating AuthorityNew York City Transit AuthorityExhaustion Doctrine
References
4
Case No. MISSING
Regular Panel Decision
Apr 03, 2006

Lawrence Teachers Ass'n v. Lawrence Public Schools

This case concerns an appeal by the Lawrence Teachers Association (petitioner) challenging the denial of their petition to confirm an arbitration award. The arbitration award mandated Lawrence Public Schools (respondent) to designate members of the petitioner’s bargaining unit to provide special education services outside the school district's geographical boundaries. The Supreme Court, Nassau County, denied the petition, concluding the award was unenforceable. The appellate court affirmed this decision, ruling that the arbitration award violated public policy as it contravened Education Law former § 3602-c (2). This statute required the school district to contract with the school district where the nonpublic school attended by the pupil was located for such services. The court emphasized that an arbitrator's award cannot stand if it is contrary to well-defined statutory law and public policy.

Arbitration AwardPublic PolicyEducation LawSpecial Education ServicesCollective BargainingStipulationStatutory ViolationAppellate ReviewSchool District ObligationsLabor Dispute
References
4
Case No. MISSING
Regular Panel Decision
Oct 10, 2002

Tr. Auth. v. Transp. Workers

This case consolidates two appeals concerning the New York City Transit Authority (NYCTA) and its subsidiary MABSTOA's attempts to vacate arbitration awards that reduced employee disciplinary penalties from dismissal to lesser sanctions for safety violations. The employees, David Rodriguez and Leroy Bright, were disciplined for separate safety incidents but had their dismissals overturned by arbitrators. The Appellate Division vacated these awards, citing public policy related to public safety. The Court of Appeals reversed, reinstating the arbitration awards, emphasizing the narrowness of the public policy exception to arbitration, especially in public employment collective bargaining agreements under the Taylor Law. The Court held that Public Authorities Law § 1204 (15), concerning public safety, does not 'absolutely prohibit' arbitrators from modifying penalties, nor does it mandate dismissal over other severe sanctions.

ArbitrationPublic Policy ExceptionCollective Bargaining AgreementEmployee DisciplineSafety ViolationsJudicial ReviewTaylor LawPublic EmploymentTransit AuthorityMisconduct
References
15
Case No. MISSING
Regular Panel Decision

State v. New York State Public Employment Relations Board

The Communications Workers of America/Graduate Employees Union (CWA) petitioned the Public Employment Relations Board (PERB) to be certified as the bargaining representative for graduate and teaching assistants at State University of New York (SUNY) campuses. Initially, PERB's Director dismissed the petition, concluding that these assistants were not 'public employees' under the Taylor Law, applying a balancing test. PERB subsequently rejected this balancing test, establishing a new standard focused on the existence of a regular and substantial employment relationship not explicitly excluded by the Legislature. Under this new standard, PERB reversed the Director's decision, determining that graduate and teaching assistants are covered employees and constitute an appropriate bargaining unit. SUNY then initiated a CPLR article 78 proceeding to annul PERB's determination, arguing legal error in PERB's adopted test and that collective bargaining for academic issues violated public policy. The court upheld PERB's interpretation as reasonable and legally permissible, affirming PERB's determination and dismissing SUNY's petition.

Collective BargainingPublic EmployeesTaylor LawGraduate AssistantsTeaching AssistantsPublic Employment Relations BoardPERBCivil Service LawEmployment RelationshipPublic Policy
References
14
Case No. MISSING
Regular Panel Decision

Incorporated Village of Valley Stream v. State of New York Public Service Commission

The Village of Valley Stream initiated a CPLR article 78 proceeding to challenge the Public Service Commission's (PSC) determination upholding Long Island Lighting Company's (LILCO) decision to terminate street lighting service. LILCO, citing abnormal expenditures due to cable failure and wear and tear, refused to replace the system and ceased service. The PSC interpreted LILCO's tariff to allow termination under such circumstances, a decision the court found rational. The court balanced LILCO's significant economic loss against minimal public harm, considering viable alternatives for the village and new legal requirements for public bids and prevailing wages, ultimately confirming the PSC's determination and dismissing the village's petition.

Street Lighting ServiceUtility TerminationPublic Service Commission ReviewTariff InterpretationAbnormal ExpenditureEconomic LossPublic InterestCPLR Article 78Utility RegulationCable Failure
References
7
Case No. MISSING
Regular Panel Decision

Verizon New York Inc. v. New York State Public Service Commission

Verizon New York Inc. commenced a special proceeding against the New York State Public Service Commission and other respondents. Verizon sought to overturn a determination allowing public disclosure of certain documents, which Verizon claimed were trade secrets or confidential commercial information, under the Freedom of Information Law (FOIL). The documents in question related to Verizon's network costs and its methods and procedures for its wireless service, Verizon Voice Link (WL). The court reviewed the Secretary's and RAO's determinations, which found some information to be trade secrets but still required a showing of 'substantial injury' for exemption. The court ruled that once information is deemed a trade secret under Public Officers Law § 87 (2) (d), no further showing of substantial competitive injury is required for exemption. Consequently, the court granted in part the petition, exempting specific cost information and several M&P documents from disclosure, while denying exemption for three M&P documents.

FOIL ExemptionTrade Secret ProtectionConfidential Commercial InformationPublic Officers Law § 87 (2) (d)Substantial Competitive InjuryStatutory InterpretationAdministrative Determination ReviewCPLR Article 78Wireless ServicesCost Information Disclosure
References
47
Case No. MISSING
Regular Panel Decision
Mar 29, 1978

Town of Huntington v. Public Employment Relations Board

This proceeding, pursuant to CPLR article 78, reviews a determination by the Public Employment Relations Board (PERB) dated March 29, 1978. PERB had certified Local 342, Long Island Public Service Employees as the representative for a unit of workers employed by the Town of Huntington. The court confirmed the determination and dismissed the proceeding on the merits. The decision noted that substantial evidence supported PERB's designation of a negotiating unit for 53 blue-collar employees and the senior beach manager. The court found a rational basis for PERB's determination, reflecting careful consideration of appropriate factors.

Public EmploymentCollective BargainingEmployee RepresentationLabor RelationsPERBNegotiating UnitBlue-collar employeesJudicial ReviewAdministrative LawGovernment Employees
References
1
Case No. MISSING
Regular Panel Decision

Civil Service Employees Ass'n v. New York State Public Employment Relations Board

The Civil Service Employees Association (C.S.E.A.) filed an Article 78 application to challenge actions taken by the City of White Plains and the Public Employment Relations Board (P.E.R.B.). C.S.E.A. sought to vacate a resolution where the City recognized a different employee organization (S.I.W.A.) for a portion of its employees, thereby altering C.S.E.A.'s bargaining unit, and to annul a P.E.R.B. order upholding the City's action. The City cross-moved to dismiss the petition, arguing improper venue and that it was not a proper party. The court determined that Albany County was the correct venue and that the City was a proper party. The central issue was whether the City could unilaterally change bargaining unit composition without C.S.E.A.'s consent or a decertification petition. The court ultimately denied C.S.E.A.'s requested relief, agreeing with P.E.R.B. that public employers can recognize different employee organizations once an incumbent's unchallenged representation status period expires, in accordance with Civil Service Law sections 204 and 208.

Public Employment RelationsCollective Bargaining UnitsEmployee Organization RecognitionTaylor LawCivil Service LawArticle 78 CPLRBargaining Unit AlterationDecertification ProceedingsPublic Employer RightsVenue Disputes
References
1
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