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Labor & Employment Case Results

Below is a sampling of the
Firm’s noteworthy decisions:

  • Successfully defended pension trustees’ interpretations of plan provisions relating to pension plan break in service rules, eligibility and medical necessity in separate appeals decided by the Second Circuit Court of Appeals.
    Fiscina v. Pension Plan, 206 Fed. Appx. 8, 2006 WL 2686673 (2d Cir. 2006) and
    Diagnostic Medical Associates v. Welfare Plan, 2007 WL 1241539 (2d Cir. 2007).
  • Judgment in special proceeding taken to the New York Court of Appeals declaring the City violated the Administrative Code by failing to promote NYPD Officers to Detective after 18 months of “temporary” assignment, resulting in promotions of hundreds of deserving patrol officers.
    Scotto v. Dinkins, 85 N.Y.2d 209, 623 N.Y.S.2d 809 (1995).
  • Working with a team of forensic accountants and skilled union-member investigators discovered an employer maintained off the books payrolls used to avoid fringe benefit liability. After judgment was obtained, the benefit funds recovered $4.25 million from the personal assets of the employer’s principal.
    District Council Benefit Funds v. On Par, 2007 WL 1834706 (S.D.N.Y., June 25, 2007).
  • Obtained a federal court judgment holding the principal of contracting company personally liable for deficient benefit fund contributions because she engaged in a scheme to defraud the funds by maintaining concealed bank accounts that were used to pay workers off the books. Carpenter Benefit Funds v. Perimeter Contracting and Susan Reidy, 657 F. Supp.2d 410 (S.D.N.Y. 2009) and 2009 WL 362640 (S.D.N.Y., February 13, 2009).
  • Won substantial back pay damages for city workers in a case that started with the Union’s filing of an unfair practice charge with the New Jersey Public Employment Relations Commission and then moved into arbitration, where it was alleged the employer unilaterally changed the terms and conditions of employment by imposing a new method of calculating a covered worker’s hourly rate of pay for overtime. City of Elizabeth and Local 74, USWU.
  • Successfully defeated a contractor’s attempt to set aside an arbitration award on the grounds that it was subjected to economic duress and fraud in the inducement when it entered in inducement to enter into the collective bargaining agreement.
    Benefit Funds v. Tadco Construction Co., 08 WL 540078 (S.D.N.Y., February 28, 2008).
  • Obtained judgment against the principal of a contracting company who was personally involved in a scheme to defraud the funds by paying workers off the books from a concealed bank account. Carpenters
    Benefit Funds v. Quantum Construction and
    Noel Griffin, 2008 WL 5159777 (S.D.N.Y. December 9, 2008).
  • Working with Union organizers, persuaded the NLRB to reject the employer’s attempt to flood the proposed bargaining unit of 35 permanent workers with 230 seasonal employees on the grounds that the two groups did not share a community of interest. In re USTA National Tennis Center.


“O’Dwyer & Bernstien has helped me in several different situations over the last 12 years that I’ve lived in NYC. They’re my go-to firm because they always obtain the results that I need and deserve. They’re also located in downtown Manhattan, which makes them very convenient. The office and people that work there are exactly what you’d expect from a top tier law firm in the world’s greatest city.”

“When I got hurt in a traffic accident while riding my bike in New York City, my friend suggested I speak to O’Dwyer & Bernstien. Upon my initial phone conversation with a lawyer from the firm I was impressed by his courtesy, quick return phone calls and concise explanation of the legal tactics available to me. After meeting face to face with him, I decided immediately to retain O’Dwyer & Bernstien to represent me in my personal injury case. I was very happy with my attorney and with the outcome of my case. I highly recommend O’Dwyer & Bernstien to anyone seeking legal representation.”

“I retained O’Dwyer & Bernstien on the recommendation of a friend. I was immediately impressed by the firm’s experience and reputation in personal injury law. From the start, my ODB attorney walked me through the process, answered all my questions, explained everything clearly, kept me updated regularly and always promptly returned my telephone calls and emails. My attorney was knowledgeable, professional, courteous and diligent. My case moved through the court system quickly. As trial neared, the insurance company saw that my attorney was experienced and thoroughly prepared to try my case to verdict. As a result, the insurance company caved and settled my case for the full limits of the insurance policy. I love my ODB attorney!”

“When I was hurt on the job I had nowhere to turn for help. I had been working as an electrician’s helper, but my boss was not insured and he had no license to do electrical work. I had just had a new baby girl and Con Ed was going to shut off my lights. A friend told me to call O’Dwyer & Bernstien. They took action right away and got great money for my case. ODB helped me get my life back on track. I will always be grateful.”