Decisions of interest

  • ABM Industry Groups, LLC v. International Union of Operating Engineers Local 30, 30A, 30B, AFL-CIO, Memorandum Opinion & Order, CV-18-10770, The Honorable Gregory H. Woods (E.D.N.Y. August 2, 2019) - Plaintiff-Petitioner’s motion to confirm the arbitration award is DENIED, the arbitration award is vacated with respect to the provisions that impose an obligation on non-parties to the CBA.

  • 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, The Honorable Margo K. Brodie (E.D.N.Y. Feb. 16, 2017) - Summary judgment verdict 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, The Honorable Colleen McMahon (S.D.N.Y. Mar. 2, 2016) - Holding that board of trustees did not breach its fiduciary duty as a result of information provided by a clerical employee to the spouse of a participant.

  • Joyce Leslie, Inc. v. NASTU Local 741 & SEIU Local 340A, Decision & Direction of Election, NLRB Region 22 (Nov. 17, 2015) - Successfully litigated the legitimacy of petitioner to be a labor organization within the meaning of Section 2(5) of the National Labor Relations Act which resulted in the issuance of an election order under Section 9(c) of the Act.

  • Pia Hofmann v. Schiavone Contracting Corp. et al., Summary Order, 14-2861, United States Court of Appeals for the Second Circuit (2d Cir. Nov. 13, 2015) - Successfully argued before the appellate court that district court properly held 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, 13-2786, United States Court of Appeals for the Second Circuit (2d Cir. Oct. 29, 2014) - Successfully argued before the appellate court that district court properly held that labor union did not fail to fulfill its duty of fair representation.

  • Pia Hofmann v. Schiavone Contracting Corp. et al., Memorandum & Order, CV-11-2346, The Honorable Sterling Johnson (E.D.N.Y. July 16, 2014) - Holding that labor union did not fail to fulfill its duty of fair representation in connection with plaintiff’s layoff from job site.

  • 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, 11-CIV-4112, Magistrate Judge Gabriel Gorenstein (S.D.N.Y. March 17, 2014) - Monetary verdict against delinquent contractor for fringe benefit contributions along with various damages available under the Employee Retirement Income Security Act.

  • Marshall Greenberg v. Bovis Construction Corp. et al., Memorandum & Order, CV-10-0897, The Honorable Sterling Johnson (E.D.N.Y. June 13, 2013) - Holding that labor union did not fail to fulfill its duty of fair representation in connection with plaintiff’s layoff from job site.

  • Thomas Vario v. Local 14-14B International Union of Operating Engineers, Memorandum & Order, CV-11-5648, The 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, The 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) - 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 the 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 D.O.S. acted arbitrarily and capriciously by failing to place laid off employees on preferred list.

  • James Hughes et al. v. New York City Department of Sanitation, Order & Judgment, Index No. 12601/2002, Justice Faviola Soto (Sup. Ct. N.Y. County Mar. 20, 2003) - Laid off union represented equipment operators entitled to reassignment to former positions and placement on preferred list.