Gladstein, Reif & Meginniss, along with attorneys for the National Labor Relations Board (“NLRB”), successfully convinced the Third Circuit Court of Appeals to enforce an NLRB order finding that the employer had unlawfully withheld benefit improvements from unit employees just days before a representational election. As a result, the Employer is required to comply with the underlying NLRB order and make all bargaining unit employees whole for any losses they suffered as a result of […]
Gladstein, Reif & Meginniss successfully represented the Union in an action to confirm an arbitration award which held that certain employers violated the Union’s collective bargaining agreement by failing to apply it to certain bargaining unit employees. The firm brought the case in the District Court for the Southern District of New York which enforced the arbitration award in full. The employers appealed to the Second Circuit which affirmed the District Court’s decision. The Second […]
In this case, the Appellate Division made clear that faculty can enforce the terms of a university handbook in a plenary contract action. Prior to the Monaco decision many courts had held that faculty could only enforce their rights by means of an Article 78 proceeding. The remedies available in an Article 78 proceeding are substantially more limited than those available in a contract action and by requiring faculty to use this summary proceeding rather than […]
The Court issued a preliminary injunction enjoining the nursing home owner from selling its business or transferring its assets pending resolution of the Union’s grievance in arbitration. The Union had filed for arbitration to enforce the collective bargaining agreement (“CBA”) provision requiring any successor employer to assume the CBA and retain all bargaining unit employees. 1199 SEIU United Healthcare Workers East v. Hamilton Park Healthcare Ctr., Ltd. Civil Action No. 12-CV-7641 (D.N.J. Dec. 28, 2012)
The Mayor of the City of New York challenged a law that significantly altered the bargaining rights of unions representing certain fire and emergency medical services employees. The law, passed by the City Council over the objection of the Mayor, expanded the scope of matters that could be bargained for these employees. The case turned on a variety of legal issues involving provisions of the Taylor Law (New York’s statute governing labor relations in the […]
The firm persuaded the Board of Regents to hold a hearing under a little known provision of the New York State Education Law pursuant to which the Regents can remove members of the Board of Trustees of any University charted by New York State. The petition sought the removal of the entire Board of Adelphi University for failing to exercise their fiduciary duties in connection with the remuneration and benefits awarded the then-President of the […]
The Second Circuit Court The Second Circuit Court of Appeals affirmed a preliminary injunction requiring defendants to provide COBRA coverage to 60,000 striking workers. This was the first such case brought under COBRA, which had been enacted in 1986. The 60,000 worker strike began August 1989 and lasted 17 weeks, with one worker losing his life on the picket line. Commc’n Workers of Am., Dist. One, AFL-CIO v. NYNEX Corp., 898 F.2d 887 (2d Cir. […]
After transit workers went on strike against the New York City Transit Authority, two management labor law firms sued the transit unions for damages, claiming they had suffered economic losses because of the strike. The New York Court of Appeals held unanimously that their lawsuits were legally without merit because the Taylor Law (New York’s statute governing labor relations in the public sector) prohibiting public sector strikes did not entitle anyone allegedly injured because of […]