On June 24, 2010, Josh Van Kampen prevailed in a case manager hearing on behalf of a probationary teacher who was wrongfully terminated by Charlotte Mecklenburg Schools (CMS).  Superintendent Peter Gorman initially recommended that the teacher be terminated for allegedly using excessive force in restraining a disruptive middle school student.  The teacher contended that the student aggressively came at her and that she merely acted in self defense.  After a three day hearing, the Case Manager ruled that the teacher acted appropriately and ordered her reinstated with back pay.   The CMS Employee Relations Department’s investigation into the incident was shown to flawed in several respects, including its failure to obtain a written statement from the alleged victim, its failure to take a photograph of the alleged injury and unexplained delays in interviewing several witnesses.   It was also shown at the hearing that the student had a lengthy history of disruptive behavior, including challenging another teacher to a fight, which the Employee Relations’ Department failed to consider.   There were also troubling inconsistencies in the accounts of the school administrators, who disagreed on when the alleged injury was detected and even where on the student’s head the injury was located.

Josh has served as counsel for the North Carolina Educators Association (NCAE) since the beginning of 2010.

Categories: Judicial Decisions, Results Tags: Case Manager Hearing, Charlotte Mecklenburg Schools, Joshua Van Kampen, Labor and Employment, North Carolina Educators Association, Probationary Dismissal, Results, Teachers

On behalf of two local IAM unions, Patterson Harkavy has prevailed in federal district court in a case challenging a labor arbitration decision.  This case arises from Plaintiff UGL UNICCO’s termination of union member Ronald Corbett.  UGL UNICCO provides facilities maintenance services at a tire plant in Wilson, North Carolina, owned by Bridgestone Firestone North American Tire.  Corbett was employed by UGL UNICCO and worked at the Bridgestone Plant.  Defendants Local 2541 and District 110 are constituent entities of the International Association of Machinists and Aerospace Workers (“IAM”).  The IAM was represented in this case by Mike Okun and Narendra Ghosh.

The union challenged Corbett’s termination and the case was initially decided by an experienced labor arbitrator.  Corbett, a 34-year employee, did nothing wrong in getting fired, but was terminated without just cause because of Bridgestone’s unilateral decision.  This is commonly known as a persona non grata situation.  The arbitrator found that this firing violated the union’s contract with UNICCO, and award Corbett 68 weeks of pay as damages because she could not order Bridgestone to return him to work.  UNICCO challenged the arbitrator’s decision in federal court.

In his July 16, 2010 opinion, Judge Boyle affirmed the arbitrator’s award and granted the union’s motion to enforce it.  Judge Boyle reasoned:  Read more…

Categories: Judicial Decisions, Results Tags: Bridgestone, Eastern District of North Carolina, Federal Court, International Association of Machinists, Labor and Employment, Labor Arbitration, Michael Okun, Narendra Ghosh, Personan Non Grata, Results, UNICCO, Unions, Wilson

In Hojnacki v. Last Rebel Trucking, the Court of Appeals reversed the Industrial Commission, and ruled that one of the defendant-companies, Last Rebel Trucking, was also one of the plaintiff’s employers under the Workers’ Compensation Act.  The plaintiff, Mr. Hojnacki, was an interstate truck driver who was hired by Last Rebel Trucking, a local North Carolina company, to drive its truck under the dispatch of Comtrak Logistics, a large trucking company based in Tennessee.  On appeal, it was admitted that Comtrak was one of Mr. Hojnacki’s employers.  In its opinion, the Court found that Last Rebel was also an employer because it paid Mr. Hojnacki for driving its truck following its general directions.  The Court then remanded the case back to the Commission for a revised determination about jurisdiction and what benefits are owed to Mr. Hojnacki.  Leto Copeley and Narendra Ghosh are representing Mr. Hojnacki.

Categories: Judicial Decisions, Results Tags: Appeals, Employment Relationship, Industrial Commission, Leto Copeley, Narendra Ghosh, NC Court of Appeals, Results, Trucking Accidents, Workers' Compensation

The North Carolina Supreme Court denied the defendants’ petition for discretionary review (PDR) in Fulford v. Jenkins today, among its long list of orders.  This is a wrongful death action based on the negligence of the Duplin County Department of Social Services and its employees.  The defendants lost on the issue governmental immunity, appealed, lost unimously in the Court of Appeals, and then sought review from the Supreme Court.   Burton Craige and Narendra Ghosh assisted with the plaintiff’s representation at the Supreme Court, opposing the PDR.  The Court’s denial of the PDR means that the case will return to the trial court where it can proceed.

Categories: Judicial Decisions, Results Tags: Appeals, Burton Craige, Civil Rights, Narendra Ghosh, NC Supreme Court, Negligence, Personal Injuries, Results, Wrongful Death

In a unanimous decision, the North Carolina Supreme Court ruled that the plaintiff could pursue his constitutional claims against the local board of education in Craig v. New Hanover County Board of Education.  Jusitce Hudson, writing for the Court, held that the plaintiff’s constitutional claims could not be barred because the school board enjoyed immunity from other tort claims.   Burton Craige helped to represent the plaintiff on appeal, and argued the case before the Supreme Court.

Categories: Judicial Decisions, Results Tags: Appeals, Burton Craige, Civil Rights, Constitutional Claims, NC Supreme Court, Patterson Harkavy, Results

The North Carolina Supreme Court unanimously reversed the Court of Appeals today, ruling instead for the plaintiff in Helm v. Appalachian State University.  Adopting Judge Calabria’s dissent, the Court held that the plaintiff has stated a valid retalation claim under the state’s Whitleblower Act because she opposed a waste of funds by the university.  Patterson Harkavy represented the plaintiff, Jane Helm, and Burton Craige argued the case before the Supreme Court.

Categories: Judicial Decisions, Results Tags: Burton Craige, Labor and Employment, NC Supreme Court, Patterson Harkavy, Results, Retaliation, Whistleblower Act

The Fourth Circuit affirmed the trial court’s decision for the union  in United Steelworkers, Local 850L v. Continental Tire.  The Court agreed with the union that the dispute over pension and health benefits had to submitted to arbitration.  Michael Okun assisted with the representation of the union.

Categories: Judicial Decisions, Results Tags: Arbitration, Fourth Circuit, Labor and Employment, Michael Okun, Results, Union

In Masood v. Erwin Oil Company, the Court of Appeals reversed the decision of the Industrial Commission regarding the payment of interest on an award of medical benefits to the plaintiff.  This is the second Court of Appeals decision in Mr Masood’s case, which began because he was denied workers’ compensation benefits after being shot while working at a gas station.

Under N.C.G.S. 97-86.2, plaintiffs are entitled to interest on their workers’ compensation awards if they prevail upon appeal.  Mr. Masood was ultimately awarded disability and medical benefits after his case was taken all the way to the North Carolina Supreme Court.  While the Commission included interest for his award of disability, it said he was not entitled to any interest on the award of medical benefits.  The Court of Appeals disagreed, concluding that Mr. Masood would be entitled to interest if he could show that he was disadvantaged by the inability to pay for care because the company denied his claim after he was injured.  The court remanded the case to the Commission for additional findings on “whether there was medically necessary treatment that plaintiff was unable to procure, and whether plaintiff had the ability to pay for this treatment during the time period that it was medically necessary.”

Leto Copeley and Narendra Ghosh represent Mr. Masood.

Categories: Judicial Decisions, Results Tags: Appeals, Industrial Commission, Interest, Leto Copeley, Medical Benefits, Narendra Ghosh, NC Court of Appeals, Results, Workers' Compensation