Estate of Confessor Hichez et al. v. Annuity Fund of the International Union of Operating Engineers Local 15, 15A, 15C & 15D, AFL-CIO, Opinion and Order, CV-21-4261, Honorable P. Kevin Castel (S.D.N.Y. May 21, 2024) - Granting Defendant’s motion for summary judgment since (1) individual plaintiffs did not have standing under ERISA; (2) plaintiff Estate failed to offer evidence of its administrator’s legal authority to proceed on behalf of Estate; and (3) plaintiffs have not identified the breach of any duty established by ERISA or Plan documents.
International Union of Operating Engineers Local 14-14B, AFL-CIO and Tishman Construction Corporation and Long Island Concrete, Inc., National Labor Relations Board, Chairman McFerran and Members Wilcox & Prouty (Mar. 10, 2023) - Board affirms the hearing officer’s rulings and finds them free from prejudicial error in that dispute did not give rise to a jurisdictional dispute within the meaning of Section 10(k) and Section 8(b)(4)(D) of the Act.
Acumen Capital Partners and International Union of Operating Engineers Local 30, AFL-CIO,National Labor Relations Board, Division of Judges, New York Branch Division, Lauren Esposito, Administrative Law Judge (Feb. 17, 2023) - Respondent violated Sections 8(a)(1) and (3) of the NLRA by discharging an employee in retaliation for his support for and assistance to Local 30 and his protected activities thereby interfering with guaranteed Section 7 rights.
Kirk Kelly v. International Union of Operating Engineers Local 30, AFL-CIO, Memorandum & Order, CV-19-3154, Honorable LeShann DeArcy Hall (E.D.N.Y. July 1, 2020) - Motion to dismiss granted to Defendant for plaintiff’s failure to state a viable claim against the union.
ABM Industry Groups, LLC v. International Union of Operating Engineers Local 30, 30A, 30B, AFL-CIO, Memorandum Opinion & Order, CV-18-10770, Honorable Gregory H. Woods (E.D.N.Y. August 2, 2019) - Plaintiff’s motion to confirm the arbitration award denied and cross-motion to vacate award granted with respect to the provisions that impose an obligation on non-parties to the collective bargaining agreement.
Rickey McClarence v. International Union of Operating Engineers Local 14-14B, Memorandum & Order, CV-16-6614, Honorable Roslynn R. Mauskopf (E.D.N.Y. Mar. 18, 2019) - Holding that labor union did not engage in discrimination when it refused to reconsider a former applicant for membership.
The Annuity, Pension, Welfare and Training Funds of the Int’l Union of Operating Engineers Local 14-14B v. Superior Site Work, Inc., Memorandum & Order, CV-15-0543, Honorable Margo K. Brodie (E.D.N.Y. Feb. 16, 2017) - Plaintiffs awarded summary judgment against delinquent contractor for fringe benefit contributions along with various damages available under the Employee Retirement Income Security Act.
Emily DeRogatis v. Board of Trustees of the Welfare Fund of the Int’l Union of Operating Engineers Local 15, 15A, 15C & 15D, Amended Memorandum & Order, CV-14-8863, Honorable Colleen McMahon (S.D.N.Y. Mar. 2, 2016) - Defendant awarded summary judgment against Plaintiff in that its Board of Trustees did not breach its fiduciary duty as a result of information provided by a clerical employee to the spouse of a deceased participant.
Pia Hofmann v. Schiavone Contracting Corp. et al., Summary Order, No. 14-2861, United States Court of Appeals for the Second Circuit (2d Cir. Nov. 13, 2015) - Successfully argued before the Second Circuit that Judge Sterling Johnson correctly found that labor union did not fail to fulfill its duty of fair representation.
Marshall Greenberg v. International Union of Operating Engineers Local 14-14B, AFL-CIO, Summary Order, No. 13-2786, United States Court of Appeals for the Second Circuit (2d Cir. Oct. 29, 2014) - Successfully argued before the Second Circuit that Judge Sterling Johnson correctly found that labor union did not fail to fulfill its duty of fair representation.
The Annuity, Welfare and Apprenticeship Skill Improvement & Safety Funds of the International Union of Operating Engineers Local 15 v. Eastport Excavation & Utilities, Inc., Bench Trial Verdict, CV-11-4112, Magistrate Judge Gabriel Gorenstein (S.D.N.Y. March 17, 2014) - Monetary verdict awarded against delinquent contractor for fringe benefit contributions along with various damages available under the Employee Retirement Income Security Act.
Thomas Vario v. Local 14-14B International Union of Operating Engineers, Memorandum & Order, CV-11-5648, Honorable Sterling Johnson (E.D.N.Y. Feb. 21, 2013) - Holding that labor union did not fail to fulfill its duty of fair representation and that plaintiff failed to properly allege a Section 301 hybrid claim.
William Duffy v. International Union of Operating Engineers Local 14-14B, Memorandum & Order, CV-10-3111, Honorable Sterling Johnson (E.D.N.Y. June 29, 2011) - Denying plaintiff’s application for injunctive relief and granting labor union’s cross-motion to dismiss complaint.
International Union of Operating Engineers, Local 137 and Riverside Materials, LLC d/b/a Eastern Concrete Materials and Local 731, Laborers International Union of North America, 355 NLRB No. 57 (July 30, 2010) - ALJ determined that labor union did not violate Section 8(b)(4)(D) of the LMRA by engaging in conduct with the object of forcing employer to assign certain work to employees represented by that labor union.
James Hughes et al. v. New York City Department of Sanitation, Decision (App. Div. 1st Dep’t July 29, 2004) - Appellate Division 1st Department affirms that Department of Sanitation acted arbitrarily and capriciously by failing to place laid off employees on preferred list.