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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

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
Oct 18, 2001

AIU Insurance v. Empire Insurance

The petitioner initiated a proceeding under CPLR article 75 seeking to vacate arbitration awards. The Supreme Court, Nassau County, initially denied the petition. Upon appeal, the higher court modified the order to include a provision confirming the awards, and as modified, affirmed the order. The appellate court found that the petitioner failed to demonstrate any valid basis to vacate the arbitration awards, thus upholding the denial of the application to vacate, while also noting that the awards should have been confirmed by the lower court.

ArbitrationCPLR Article 75Vacate AwardsAppealSupreme CourtOrder ModifiedAwards ConfirmedNew York LawJudicial ReviewAppellate Division
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
May 31, 2006

County of Westchester v. Doyle

The petitioner appealed an order from the Supreme Court, Westchester County, that had denied their petition to vacate an arbitration award. The original order confirmed the award and directed interest on compensation for William Leverance's out-of-title work to be calculated from August 20, 2004. The appellate court affirmed the lower court's denial to vacate the arbitration award, determining that the award did not violate public policy, was not irrational, and did not exceed the arbitrator's authority. However, the order was modified to direct that interest on the award be calculated from September 9, 2005, the date of the award, instead of August 20, 2004. All other contentions raised by the appellant were found to be without merit.

arbitrationawardvacaturCPLR Article 75out-of-title workinterest calculationappellate reviewjudicial modificationWestchester Countypublic policy
References
10
Case No. MISSING
Regular Panel Decision

Finley v. Manhattan Developmental Center

The petitioner, a mental hygiene therapy aide, was dismissed for failing to report client abuse. An arbitrator found the charges proven and upheld the dismissal. The Supreme Court vacated the dismissal portion of the arbitration award, deeming the punishment disproportionate and remanding the issue of punishment to the arbitrator for further consideration, without adequately considering the arbitrator's reasoning process. This appellate court unanimously reversed the Supreme Court's judgment, confirming the original arbitration award and denying the petition to vacate. The court stated that the arbitrator's omission to discuss the petitioner's employment history did not render the decision defective, as there was no evidence that any factors were overlooked that the petitioner had an opportunity to advance. Furthermore, CPLR 7511 (b) does not provide grounds to vacate an arbitration award for the consideration of factors thought to be overlooked.

ArbitrationDismissalEmploymentClient AbuseCollective BargainingAppellate ReviewJudicial ReviewDue ProcessPunishmentArbitrator Discretion
References
1
Case No. MISSING
Regular Panel Decision

Cott Corp. v. Levinger

In this appeal, Cott Corporation sought to vacate an arbitration award that granted back pay to a former employee, Lindberg Hall, who was discharged for falsifying time cards. The initial judgment by the Supreme Court, Westchester County, modified the arbitration award by deleting the back pay portion, siding with Cott's argument that the arbitrator exceeded his authority. However, the appellate court reversed this judgment, finding that the arbitrator's decision that Hall was 'not guilty' of dishonesty, as defined by the collective bargaining agreement, justified the award of back pay. The appellate court concluded that the arbitration award was proper and reinstated it, denying Cott's application to vacate the award.

Arbitration AwardVacate JudgmentBack PayCollective Bargaining AgreementEmployee DischargeTime Card FalsificationDishonesty ClauseReinstatement DeniedAppellate ReversalArbitrator Authority
References
1
Case No. MISSING
Regular Panel Decision

Civil Service Employees Ass'n v. County of Steuben

CSEA appealed an order that denied confirmation of an arbitrator's award and granted the County's cross-petition to vacate it. The dispute stemmed from a public employment contract concerning mileage reimbursement between CSEA and the County. The County changed its mileage policy, prompting CSEA to file a grievance, arguing that a 'past practice' had effectively modified the contract's terms. The arbitrator agreed with CSEA, but the Special Term vacated the award, ruling that the contract's language on mileage reimbursement was clear and unambiguous, rendering any past practice irrelevant. The appellate court affirmed the Special Term's decision, concluding that the arbitrator exceeded his authority by relying on matters outside the explicit contractual agreement, thereby creating a new contract for the parties.

ArbitrationPublic Employment ContractMileage ReimbursementPast PracticeContract InterpretationArbitrator's PowerVacatur of AwardCPLR Article 75Collective Bargaining AgreementUnambiguous Contract Terms
References
6
Case No. MISSING
Regular Panel Decision

Kwasnik v. Willo Packing Co.

This case concerns an appeal by a petitioner from an order that vacated a prior judgment which confirmed an arbitrator's award. The petitioner was discharged for alleged theft, but an arbitrator ordered his reinstatement. The respondent sought to overturn this, initially alleging fraud and later presenting 'newly discovered evidence' after the petitioner gave conflicting testimony in a co-worker's trial. Special Term granted the respondent's motion, vacating the prior judgment. The appellate court reversed this decision, holding that newly discovered evidence is not a valid ground for vacating an arbitrator's award under CPLR 7511, and that the evidence presented was either previously available or merely impeaching. The original judgment confirming the arbitrator's award was thus reinstated.

Arbitration AwardVacaturReinstatementCollective BargainingFraud AllegationsNewly Discovered EvidenceCPLR 7511Appellate ReviewWitness CredibilityDischarge for Misconduct
References
3
Case No. MISSING
Regular Panel Decision

Aftor v. Geico Insurance

A petitioner, injured as a minor in an accident with an uninsured vehicle, sought arbitration with Geico Insurance Company under a supplementary uninsured/underinsured motorist (SUM) endorsement after securing a default judgment of $25,000 against the uninsured parties. The arbitrator awarded the petitioner $10,000. The petitioner then sought to vacate the arbitration award in Supreme Court, Kings County, arguing that Geico was obligated to pay the full $25,000 civil judgment. The Supreme Court granted the petition and vacated the award. On appeal, the higher court reversed the Supreme Court's order, denying the petition, and reinstating and confirming the $10,000 arbitration award, emphasizing the limited judicial review of arbitration awards unless specific grounds for vacatur (such as violating public policy or exceeding power) are met.

Arbitration LawInsurance LawUninsured MotoristSUM CoverageJudicial ReviewArbitration Award VacaturAppellate PracticeCivil ProcedureContract InterpretationBodily Injury Claim
References
5
Case No. MISSING
Regular Panel Decision

Bell Aerospace Co. Division of Textron, Inc. v. Local 516, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America

This case, an action under Section 301 of the Labor Management Relations Act, involved a court-ordered tripartite arbitration between Bell Aerospace Company, Local 516, and Local 205. Following the arbitrator's decision on January 30, 1973, Local 205 moved to vacate the award, citing alleged misbehavior, exceeded authority, disregard of law, and evident partiality by the arbitrator. Local 516 cross-moved to confirm the award. The court, acknowledging its limited jurisdiction under the Arbitration Act, thoroughly reviewed Local 205's claims. It found no sufficient grounds to vacate the award, rejecting all allegations against the arbitrator. Consequently, the court denied Local 205's motion to vacate and granted Local 516's motion to confirm the arbitration award.

ArbitrationLabor Management Relations ActUnion DisputeJudicial ReviewArbitration AwardMotion to VacateMotion to ConfirmFederal CourtCollective BargainingMisbehavior of Arbitrator
References
11
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