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

Last year, the State expanded the coverage of the North Carolina Guaranty Association to include structured settlement annuitities for North Carolina residents.   This is especially important for people who receive annuities as part of a workers’ compensation or personal injury settlement.  Coverage here.  One part of the new law’s language was less than clear, which required an amendment.  The amendment makes clear that annuity protection runs to the benefit of the actual beneficiary, the “payee” of the policy.  The text can be found here.  The amendment was enacted during the legislature’s short session this summer and signed by the governor.  Hank Patterson and Narendra Ghosh assisted with the legislative effort.

Categories: Legislative Action Tags: Hank Patterson, Legislation, Narendra Ghosh, NC Legislature, North Carolina, Personal Injuries, Structured Settlements, Workers' Compensation

In Taylor v. Town of Garner, the Court of Appeals affirmed the decision of the Industrial Commission, agreeing that Officer Taylor is entitled to workers’ compensation benefits from the Town of Garner for the injury he suffered while working as a mounter officer at an N.C. State football game.  Because Officer Taylor was working pursuant to a mutual aid and assistance agreement between the Town of Garner and N.C. State, Garner remained responsible for his workers’ compensation.  Valerie Johnson and Narendra Ghosh are representing Officer Taylor.

Further analysis from the Court’s Opinion: Read more…

Categories: Judicial Decisions, News of the Firm Tags: Appeals, Industrial Commission, Mutual Aid Agreements, Narendra Ghosh, NC Court of Appeals, Police Officers, Results, Valerie Johnson, Workers' Compensation

In Evans v. Hendrick Automotive Group, we have filed this brief with the North Carolina Court of Appeals in this workers’ compensation case.  Ms. Evans was an office manager for a Hendrick dealership in Texas.  She was injured during a business trip to Charlotte, while she was walking back from an employer-sponsored dinner to her hotel.  The primary issue is whether the Industrial Commission correctly concluded that Ms. Evans’ accident arose out of and was in the course of her employment.  Valerie Johnson and Narendra Ghosh are representing Ms. Evans.

Here is the summary of our argument:  Read more…

Categories: News of the Firm Tags: Appeals, Briefs, Business Trip, Charlotte, Compensable Injury, Narendra Ghosh, NC Court of Appeals, Valerie Johnson, Workers' Compensation

In Simmons v. United Mortgage and Loan Investment, LLC, we have filed this reply brief with the Fourth Circuit Court of Appeals in this wage and hour case.  See here for a summary of the case.   Ann Groninger, Burton Craige, and Narendra Ghosh are representing the plaintiffs, who are seeking to remedy the company’s failure to pay overtime to themselves and other Junior Asset Managers.  Here is a summary of our argument to the Court:

Read more…

Categories: News of the Firm Tags: Ann Groninger, Appeals, Briefs, Burton Craige, Class Action, Collective Action, FLSA, Fourth Circuit, Labor and Employment, Narendra Ghosh, NC Wage and Hour Act, Overtime, Wage and Hour

The North Carolina Court of Appeals ruled for the plaintiff in Adkins v. Stanley County Board of Education, a case in which we represented the North Carolina Advocates for Justice in an amicus brief filed with the Court.  Reversing the trial judge, the Court of Appeals concluded that the judge had inappropriately overruled an earlier judge’s ruling on the core First Amendment issue in this employment retaliation case.

Although the two judge’s rulings were at different phases in the case, they both ruled on the same question of law.  In such situations, a trial judge cannot overrule an earlier judge’s decision — that is the province of the appellate courts.  The Court thus did not reach the state constitutional question presented in the NCAJ’s amicus brief.

Categories: News of the Firm Tags: Amicus, Appeals, Burton Craige, Constitutional Law, Labor and Employment, Narendra Ghosh, NC Court of Appeals, Results

In Simmons v. United Mortgage and Loan Investment, LLC, we have filed this opening brief with the Fourth Circuit Court of Appeals in this wage and hour case.  The plaintiffs are Charlotte-based Junior Asset Managers for a mortgage company who were not paid overtime even though they worked more than 40 hours per week.  They brought claims under the FLSA and NC Wage and Hour law based on the failure to pay overtime.  The primary issue is whether the plaintiffs will be able to pursue their case as a collective and class action on behalf the other underpaid workers at the company.  The defendants have tried to short-circuit the collective/class action process by tendering a limited settlement offer before other workers could be notified of the case.  Ann Groninger, Burton Craige, and Narendra Ghosh are representing the plaintiffs. Read more…

Categories: News of the Firm Tags: Ann Groninger, Appeals, Burton Craige, Class Action, Collective Action, FLSA, Fourth Circuit, Labor and Employment, Narendra Ghosh, North Carolina Wage and Hour Act, Overtime, Wage and Hour

In Garner v. Capital Area Transit, we have filed this brief with the North Carolina Court of Appeals in this workers’ compensation case.  Ms. Garner is a bus driver with Capital Area Transit in Raleigh who was injured was injured when another bus hit the bus she was driving.  The primary issue is whether the Industrial Commission had any basis for ignoring the doctor’s opinion that the accident aggravated Ms. Garner’s pre-existing back condition.  Valerie Johnson and Narendra Ghosh are representing Ms. Garner. Read more…

Categories: News of the Firm Tags: Appeals, Briefs, Industrial Commission, Narendra Ghosh, NC Court of Appeals, Valerie Johnson, Workers' Compensation

In Taylor v. Town of Garner, we have filed this brief with the North Carolina Court of Appeals in this workers’ compensation case.  Officer Taylor in a veteran of the Garner police force who was injured while providing official inter-agency assistance at an N.C. State football game.  The primary issue is whether the Town of Garner is solely liable for Officer Taylor’s compensation, or whether both Garner and N.C. State are liable.  Garner should be liable because Office Taylor was working at N.C. State pursuant to an official mutual aid and assistance agreement between Garner and N.C. State.  Valerie Johnson and Narendra Ghosh are representing Officer Taylor.

Read more…

Categories: News of the Firm Tags: Appeals, Briefs, Narendra Ghosh, NC Court of Appeals, Police Officers, Valerie Johnson, Workers' Compensation

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