Preview
INDEX NO. 652277/2012
(FILED: NEW YORK COUNTY CLERK 0873072012)
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/10/2012
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
1199 SEIU UNITED HEALTHCARE WORKERS EAST
Petitioner,
Index No. 652277/2012
-against-
SOUTHAMPTON HOSPITAL,
Respondent.
ae: - X
TIFIC. UESTING E. OF IG
IN ELECTRONICALLY-FILED CASE
To; The County Clerk, County of New York
Laureve Blackstone, an attorney admitted to the Bar of the State of New York and
counsel for the Plaintiff in the above-captioned electronically-filed case does hereby request that
the judgment, signed by Judge Paul G. Feinman on August 8, 2012 , be entered. Pursuant to
CPLR 5017 (a), I do hereby certify that the following documents shall constitute the Judgment
Roll for this Judgment. Each document is identified by the title of the paper, the date filed with
the electronic filing system, and the number of paper as listed on the E-Filing List of Papers
Filed.
Number of Paper On
Tile of Document E-Filing List of Papers Date Filed
1) Petition to Confirm Arbitration | No. 1 6/28/2012
Award
2) Notice of Petition No. 2 WA9/2012
2RM No. 3 7/19/2012
3) Affidavit of Service No. 4 7/19/2012
4) Proposed Order and Judgment No 5 7/19/2012
The documents listed above are available wy electronic filing website and may be
downloaded and printed as needed. ‘ ~
.
Dated: August 21, 2012
< 2
a$
Levy Ratner, P.C.
> me 80 Eighth Avenue
ye
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New York, New York 10011
(212) 627-8100
(212) 627-8182 (fax)
71-088-00017: 10139628
’
OFFICE OF THE IMPARTIAL ARBITRATOR
AWARD
In the Matter of Arbitration
Case Number: V-12-05061
-between-
1199SEIU United Healthcare Workers East Hearing Date: May 31, 2012
-and- Hearing Close: May 31, 2012
Southampton Hospital
240 Meeting House Lane
Southampton, NY 11968-5009
BACKGROUND
The Matter(s) here at issue between the above-named parties involv
ed the Union’s claim
that the Employer has violated the Collective Bargaining Agree
ment (Union Exhibit #1) between
the parties by failing to comply with certain provisions of the Agree
ment pertaining to the Health
Care, Pension or other Funds established under the Agree
ment.
The issue(s) submitted to the Undersigned for final and binding determ
ination were
presented at a scheduled hearing pursuant to written notice duly
served upon the parties here
involved. The Employer failed to appear and the Union appeared
and was represented by
counsel. The Undersigned heard the matter in the absence of the
Employer and received
information prepared by the staff of the Funds as to the arrear
s involved.
AWARD
The Undersigned, constituting the duly authorized Arbitr
ator to whom was voluntarily
submitted the matter in controversy between the parties above
-named, and having heard the
allegations and received evidence bearing on the controversy,
and having reviewed any relevant
correspondence from the Employer or the Funds with refere
nce to the amount(s) of the
Employer’s contribution arrears, makes the following AWAR
D on the issue(s) involved:
The Employer is directed to provide forthwith to the Fund(s)
here involved the regular
monthly payroll reports required by the Agreement for the Payrol
l period March 2012, which
constitutes the April 2012 contribution.
»
1. a) The Employer owes and is directed to pay forthwith to the 1199SEIU National Benefit
Fund for Health and Human Service Employees the contributions due under the
Agreement, in the amount of $645,547.00.
b) Plus any interest due as computed by the Fund under the applicable provisions of the
Agreement, viz. $9,683.21, and any interest due from the date of this Award to the date
of payment to the Fund of the principal amount due, accruing at the rate of 1.5% per
month on the principal.
c) The Employer is also directed to pay forthwith to the 1199SEIU National Benefit Fund
for Health and Human Service Employees the reasonable costs and expenses in
connection with this arbitration proceeding, as provided in the Agreement, in the
following amount: $500.00.
a) The Employer owes and is directed to pay forthwith to the 1199SEIU Health Care
Employees Pension Fund the contributions due under the Agreement, in the amount of
$205,024.00.
b) Plus any interest due as computed by the Fund under the applicable provisions of the
Agreement, viz. $3,075.36, and any interest due from the date of this Award to the date
of payment to the Fund of the principal amount due, accruing at the rate of 1.5% per
month on the principal.
c) The Employer is also directed to pay forthwith to the 1199SEIU Health Care
Employees Pension Fund the reasonable costs and expenses in connection with this
arbitration proceeding, as provided in the Agreement, in the following amount: $500.00.
a) The Employer owes and is directed to pay forthwith to the Hospital League/1199SEIU
Training and Upgrading Fund the contributions due under the Agreement, in the amount
of $11,191.00.
b) Plus any interest due as computed by the Fund under the applicable provisions of the
Agreement, viz. $167.87, and any interest due from the date of this Award to the date of
payment to the Fund of the principal amount due, accruing at the rate of 1.5% per month
on the principal.
c) The Employer is also directed to pay forthwith to the Hospital League/1199SEIU
Training and Upgrading Fund the reasonable costs and expenses in connection with this
arbitration proceeding, as provided in the Agreement, in the following amount: $500.00.
4. a) The Employer owes and is directed to pay forthwith to the 1199S
EIU/Employer Child
Care Fund the contributions due under the Agreement, in the
amount of $6,744.00.
b) Plus any interest due as computed by the Fund under the applicable
provisions of the
Agreement, viz. $101.16, and any interest due from the date of this
Award to the date of
payment to the Fund of the principal amount due, accruing at the
rate of 1.5% per month
on the principal.
c) The Employer is also directed to pay forthwith to the 1 199SEIU/Em
ployer Child Care
Fund the reasonable costs and expenses in connection with this
arbitration proceeding, as
provided in the Agreement, in the following amount: $500.00.
a) The Employer owes and is directed to pay forthwith to the Hospit
al
League/1199SEIU/Health Care Industry Job Security Fund the
contributions due under
the Agreement, in the amount of $3,372.00.
b) Plus any interest due as computed by the Fund under the applicable
provisions of the
Agreement, viz. $50.58, and any interest due from the date of this
Award to the date of
payment to the Fund of the principal amount due, accruing at the
rate of 1.5% per month
on the principal.
c) The Employer is also directed to pay forthwith to the Hospital
League/1199SEIU/Health Care Industry Job Security Fund
the reasonable costs and
expenses in connection with this arbitration proceeding, as provid
ed in the Agreement, in
the following amount: $337.00.
Inasmuch as certain of the arrears due to the Fund(s) were
estimated by the Fund(s) from
such limited payroll data as were available, the amounts of arrears
, plus interest, shall be
adjusted upward or downward by the Fund(s) after receipt of the
actual payroll data the
Employer is directed hereby to provide to the Fund(s)
Under the powers explicitly granted to the Arbitrator in the Agree
ment, the Employer is
hereby directed to commit no further violations ofthe provis
ions pertaining to payment
of the contributions.
8. As provided for in the Agreement, the Employer or its duly designated agent is directed
Judgment
to sign within ten (10) days from the issuance of this AWARD a Confession of
expenses
in the amount of the contributions due, plus any interest due, plus any costs and
due, under the provisions of this AWARD.
If the Employer refuses to sign a Confession of Judgment in accordance with the
nt, to pay
paragraph above, the Employer is also directed in accordance with the Agreeme
to the 1199SEIU National Benefit Fund for Health and Human Service Employees, as
for
collecting agent, reasonable attorney’s fees of $700.00 in the event that the attorneys
a
the Union are required to move in court for confirmation of the AWARD, or to oppose
motion to vacate or set aside the AWARD in whole or in part, plus costs, and
disbursements.
Noo
go
Alan R. Viani, Arbi
\v
%
ost
ge
AFFIRMATION
pe
one
eo
STATE OF NEW YORK } .
SS:
COUNTY OF WESTCHESTER }
The Undersigned, under the penalty of perjury, affirms that he is the arbitrator in the within
proceeding and signed same in accordance with the arbitration law of the State of New York.
y ~
Dated: May 31, 2012 Alan R. Viani
~e *
At Part \Q._ of the Supreme Court of the
State of New York, held in Courthouse of
New York County, 60 Centre Street, New
York, NY 10007-1474, onthe 8 day of
PRESENT:
PNQNET , 2012,
Hon. Justice.
HON. PAUL G. FEINMAN
teeter ann nee e ene er emnnee nae eeeen ce can: -X
In the Matter of the Arbitration between
1199SEIU UNITED HEALTHCARE WORKERS EAST, S| 8
Petitioner, Index No. 652277/2012
-and-
ORDER
AND JUDGMENT
SOUTHAMPTON HOSPITAL,
Respondent.
Seren enema wwe wnnnnnwn enna nnnnnnnnnnnwennneneemeennnnnnenennnneX
Petitioner, 1199SEIU UNITED HEALTHCARE WORKERS EAST (the “Union”
or “1199”), having applied to the Court for an Order confirming the Award of the Arbitrator
made in the above entitled proceeding, dated and duly affirmed May 31, 2012, the petition
having regularly come on to be heard before me in IAS Part Yu » upon reading and filing the
Notice of Petition dated June 15, 2012 and the Petition verified on June 15, 2012 with proof
of
service, on application of LEVY RATNER, P.C., attorneys for the petitioner, it is
ORDERED, that the Petition to confirm the Award of the Arbitrator in the above
entitled proceeding, and for judgment thereon is granted on default and the Award isconfirmed;
and it is
ADJUDGED, that 1199SEIU UNITED HEALTHCARE WORKERS EAST, with
its offices at 310 West 43rd Street, New York, NY 10036, recover upon said Award, for and on
behalf of the following funds for the following amounts:
71-088-00017 10123303
-
”
FUND AMOUNT
1199SEIU NATIONAL BENEFIT FUND FOR HEALTH AND 645,547.00
HUMAN SERVICE EMPLOYEES
plus interest due per Agreement 9,683.21
plus costs and expenses of Arbitration per Collective Bargaining 500.00
Agreement
BENEFIT FUND TOTAL 655,730.21
1199SEIU HEALTH CARE EMPLOYEES PENSION FUND 205,024.00
plus interest due per Agreement 3,075.36
plus costs and expenses of Arbitration per Collective Bargaining 500.00
Agreement
PENSION FUND TOTAL 208,599.36
HOSPITAL LEAGUE/1199SEIU TRAINING AND UPGRADING 11,191.00
FUND
plus interest due per Agreement 167.87
lus costs and expenses of Arbitration per Collective Bargaining 500.00
Agreement
TRAINING AND UPGRADING FUND TOTAL 11,858.87
1199SEIU/EMPLOYER CHILD CARE FUND 6,744.00
plus interest due per Agreement 101.16
plus costs and expenses of Arbitration per Collective Bargaining 500.00
Agreement
CHILD CARE FUND TOTAL 7,345.16
HOSPITAL LEAGUE/1199SEIU/HEALTH CARE INDUSTRY JOB 3,372.00
SECURITY FUND
plus interest due per Agreement 50.58
plus costs and expenses of Arbitration per Collective Bargaining 337.00
Agreement
JOB SECURITY FUND TOTAL 3,759.58
TOTAL SUM OF ALL FUNDS MENTIONED ABOVE 887,293.18
all against SOUTHAMPTON HOSPITAL, place of business at 240 Meeting House Lane,
Southampton, NY 11968-5090, together with interest at 1.5% per month on the principal as
provided in the Arbitrator’s Award in an amount to be computed by the clerk, in the sum of
Ij
3 a yay, ot ‘and the costs and disbursements of this application in the amount of
71-088-00017 10123303
~ Xe '
a
co uae
$535.00, plus attorney’s fees of $700.0
0 as provided for in the arbitrator’s
award, said sums to be
computed by the clerk totaling
to a sum of $ r 927, oss te
h and that the »
petitioner, 1199SEIU UNITED HEALTH
CARE WORKERS EAST, shall hav
e execution on the
total amount of the judgment at the
post-judgment interest rate of 1.5%
per ‘aonth until date of
final payment. .
aye
ENTER
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Preview
INDEX NO. 652277/2012 (FILED: NEW YORK COUNTY CLERK 0873072012) NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/10/2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X 1199 SEIU UNITED HEALTHCARE WORKERS EAST Petitioner, Index No. 652277/2012 -against- SOUTHAMPTON HOSPITAL, Respondent. ae: - X TIFIC. UESTING E. OF IG IN ELECTRONICALLY-FILED CASE To; The County Clerk, County of New York Laureve Blackstone, an attorney admitted to the Bar of the State of New York and counsel for the Plaintiff in the above-captioned electronically-filed case does hereby request that the judgment, signed by Judge Paul G. Feinman on August 8, 2012 , be entered. Pursuant to CPLR 5017 (a), I do hereby certify that the following documents shall constitute the Judgment Roll for this Judgment. Each document is identified by the title of the paper, the date filed with the electronic filing system, and the number of paper as listed on the E-Filing List of Papers Filed. Number of Paper On Tile of Document E-Filing List of Papers Date Filed 1) Petition to Confirm Arbitration | No. 1 6/28/2012 Award 2) Notice of Petition No. 2 WA9/2012 2RM No. 3 7/19/2012 3) Affidavit of Service No. 4 7/19/2012 4) Proposed Order and Judgment No 5 7/19/2012 The documents listed above are available wy electronic filing website and may be downloaded and printed as needed. ‘ ~ . Dated: August 21, 2012 < 2 a$ Levy Ratner, P.C. > me 80 Eighth Avenue ye # & New York, New York 10011 (212) 627-8100 (212) 627-8182 (fax) 71-088-00017: 10139628 ’ OFFICE OF THE IMPARTIAL ARBITRATOR AWARD In the Matter of Arbitration Case Number: V-12-05061 -between- 1199SEIU United Healthcare Workers East Hearing Date: May 31, 2012 -and- Hearing Close: May 31, 2012 Southampton Hospital 240 Meeting House Lane Southampton, NY 11968-5009 BACKGROUND The Matter(s) here at issue between the above-named parties involv ed the Union’s claim that the Employer has violated the Collective Bargaining Agree ment (Union Exhibit #1) between the parties by failing to comply with certain provisions of the Agree ment pertaining to the Health Care, Pension or other Funds established under the Agree ment. The issue(s) submitted to the Undersigned for final and binding determ ination were presented at a scheduled hearing pursuant to written notice duly served upon the parties here involved. The Employer failed to appear and the Union appeared and was represented by counsel. The Undersigned heard the matter in the absence of the Employer and received information prepared by the staff of the Funds as to the arrear s involved. AWARD The Undersigned, constituting the duly authorized Arbitr ator to whom was voluntarily submitted the matter in controversy between the parties above -named, and having heard the allegations and received evidence bearing on the controversy, and having reviewed any relevant correspondence from the Employer or the Funds with refere nce to the amount(s) of the Employer’s contribution arrears, makes the following AWAR D on the issue(s) involved: The Employer is directed to provide forthwith to the Fund(s) here involved the regular monthly payroll reports required by the Agreement for the Payrol l period March 2012, which constitutes the April 2012 contribution. » 1. a) The Employer owes and is directed to pay forthwith to the 1199SEIU National Benefit Fund for Health and Human Service Employees the contributions due under the Agreement, in the amount of $645,547.00. b) Plus any interest due as computed by the Fund under the applicable provisions of the Agreement, viz. $9,683.21, and any interest due from the date of this Award to the date of payment to the Fund of the principal amount due, accruing at the rate of 1.5% per month on the principal. c) The Employer is also directed to pay forthwith to the 1199SEIU National Benefit Fund for Health and Human Service Employees the reasonable costs and expenses in connection with this arbitration proceeding, as provided in the Agreement, in the following amount: $500.00. a) The Employer owes and is directed to pay forthwith to the 1199SEIU Health Care Employees Pension Fund the contributions due under the Agreement, in the amount of $205,024.00. b) Plus any interest due as computed by the Fund under the applicable provisions of the Agreement, viz. $3,075.36, and any interest due from the date of this Award to the date of payment to the Fund of the principal amount due, accruing at the rate of 1.5% per month on the principal. c) The Employer is also directed to pay forthwith to the 1199SEIU Health Care Employees Pension Fund the reasonable costs and expenses in connection with this arbitration proceeding, as provided in the Agreement, in the following amount: $500.00. a) The Employer owes and is directed to pay forthwith to the Hospital League/1199SEIU Training and Upgrading Fund the contributions due under the Agreement, in the amount of $11,191.00. b) Plus any interest due as computed by the Fund under the applicable provisions of the Agreement, viz. $167.87, and any interest due from the date of this Award to the date of payment to the Fund of the principal amount due, accruing at the rate of 1.5% per month on the principal. c) The Employer is also directed to pay forthwith to the Hospital League/1199SEIU Training and Upgrading Fund the reasonable costs and expenses in connection with this arbitration proceeding, as provided in the Agreement, in the following amount: $500.00. 4. a) The Employer owes and is directed to pay forthwith to the 1199S EIU/Employer Child Care Fund the contributions due under the Agreement, in the amount of $6,744.00. b) Plus any interest due as computed by the Fund under the applicable provisions of the Agreement, viz. $101.16, and any interest due from the date of this Award to the date of payment to the Fund of the principal amount due, accruing at the rate of 1.5% per month on the principal. c) The Employer is also directed to pay forthwith to the 1 199SEIU/Em ployer Child Care Fund the reasonable costs and expenses in connection with this arbitration proceeding, as provided in the Agreement, in the following amount: $500.00. a) The Employer owes and is directed to pay forthwith to the Hospit al League/1199SEIU/Health Care Industry Job Security Fund the contributions due under the Agreement, in the amount of $3,372.00. b) Plus any interest due as computed by the Fund under the applicable provisions of the Agreement, viz. $50.58, and any interest due from the date of this Award to the date of payment to the Fund of the principal amount due, accruing at the rate of 1.5% per month on the principal. c) The Employer is also directed to pay forthwith to the Hospital League/1199SEIU/Health Care Industry Job Security Fund the reasonable costs and expenses in connection with this arbitration proceeding, as provid ed in the Agreement, in the following amount: $337.00. Inasmuch as certain of the arrears due to the Fund(s) were estimated by the Fund(s) from such limited payroll data as were available, the amounts of arrears , plus interest, shall be adjusted upward or downward by the Fund(s) after receipt of the actual payroll data the Employer is directed hereby to provide to the Fund(s) Under the powers explicitly granted to the Arbitrator in the Agree ment, the Employer is hereby directed to commit no further violations ofthe provis ions pertaining to payment of the contributions. 8. As provided for in the Agreement, the Employer or its duly designated agent is directed Judgment to sign within ten (10) days from the issuance of this AWARD a Confession of expenses in the amount of the contributions due, plus any interest due, plus any costs and due, under the provisions of this AWARD. If the Employer refuses to sign a Confession of Judgment in accordance with the nt, to pay paragraph above, the Employer is also directed in accordance with the Agreeme to the 1199SEIU National Benefit Fund for Health and Human Service Employees, as for collecting agent, reasonable attorney’s fees of $700.00 in the event that the attorneys a the Union are required to move in court for confirmation of the AWARD, or to oppose motion to vacate or set aside the AWARD in whole or in part, plus costs, and disbursements. Noo go Alan R. Viani, Arbi \v % ost ge AFFIRMATION pe one eo STATE OF NEW YORK } . SS: COUNTY OF WESTCHESTER } The Undersigned, under the penalty of perjury, affirms that he is the arbitrator in the within proceeding and signed same in accordance with the arbitration law of the State of New York. y ~ Dated: May 31, 2012 Alan R. Viani ~e * At Part \Q._ of the Supreme Court of the State of New York, held in Courthouse of New York County, 60 Centre Street, New York, NY 10007-1474, onthe 8 day of PRESENT: PNQNET , 2012, Hon. Justice. HON. PAUL G. FEINMAN teeter ann nee e ene er emnnee nae eeeen ce can: -X In the Matter of the Arbitration between 1199SEIU UNITED HEALTHCARE WORKERS EAST, S| 8 Petitioner, Index No. 652277/2012 -and- ORDER AND JUDGMENT SOUTHAMPTON HOSPITAL, Respondent. Seren enema wwe wnnnnnwn enna nnnnnnnnnnnwennneneemeennnnnnenennnneX Petitioner, 1199SEIU UNITED HEALTHCARE WORKERS EAST (the “Union” or “1199”), having applied to the Court for an Order confirming the Award of the Arbitrator made in the above entitled proceeding, dated and duly affirmed May 31, 2012, the petition having regularly come on to be heard before me in IAS Part Yu » upon reading and filing the Notice of Petition dated June 15, 2012 and the Petition verified on June 15, 2012 with proof of service, on application of LEVY RATNER, P.C., attorneys for the petitioner, it is ORDERED, that the Petition to confirm the Award of the Arbitrator in the above entitled proceeding, and for judgment thereon is granted on default and the Award isconfirmed; and it is ADJUDGED, that 1199SEIU UNITED HEALTHCARE WORKERS EAST, with its offices at 310 West 43rd Street, New York, NY 10036, recover upon said Award, for and on behalf of the following funds for the following amounts: 71-088-00017 10123303 - ” FUND AMOUNT 1199SEIU NATIONAL BENEFIT FUND FOR HEALTH AND 645,547.00 HUMAN SERVICE EMPLOYEES plus interest due per Agreement 9,683.21 plus costs and expenses of Arbitration per Collective Bargaining 500.00 Agreement BENEFIT FUND TOTAL 655,730.21 1199SEIU HEALTH CARE EMPLOYEES PENSION FUND 205,024.00 plus interest due per Agreement 3,075.36 plus costs and expenses of Arbitration per Collective Bargaining 500.00 Agreement PENSION FUND TOTAL 208,599.36 HOSPITAL LEAGUE/1199SEIU TRAINING AND UPGRADING 11,191.00 FUND plus interest due per Agreement 167.87 lus costs and expenses of Arbitration per Collective Bargaining 500.00 Agreement TRAINING AND UPGRADING FUND TOTAL 11,858.87 1199SEIU/EMPLOYER CHILD CARE FUND 6,744.00 plus interest due per Agreement 101.16 plus costs and expenses of Arbitration per Collective Bargaining 500.00 Agreement CHILD CARE FUND TOTAL 7,345.16 HOSPITAL LEAGUE/1199SEIU/HEALTH CARE INDUSTRY JOB 3,372.00 SECURITY FUND plus interest due per Agreement 50.58 plus costs and expenses of Arbitration per Collective Bargaining 337.00 Agreement JOB SECURITY FUND TOTAL 3,759.58 TOTAL SUM OF ALL FUNDS MENTIONED ABOVE 887,293.18 all against SOUTHAMPTON HOSPITAL, place of business at 240 Meeting House Lane, Southampton, NY 11968-5090, together with interest at 1.5% per month on the principal as provided in the Arbitrator’s Award in an amount to be computed by the clerk, in the sum of Ij 3 a yay, ot ‘and the costs and disbursements of this application in the amount of 71-088-00017 10123303 ~ Xe ' a co uae $535.00, plus attorney’s fees of $700.0 0 as provided for in the arbitrator’s award, said sums to be computed by the clerk totaling to a sum of $ r 927, oss te h and that the » petitioner, 1199SEIU UNITED HEALTH CARE WORKERS EAST, shall hav e execution on the total amount of the judgment at the post-judgment interest rate of 1.5% per ‘aonth until date of final payment. . aye ENTER fy; JSC, 4 > &o HON. 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