Industrial Board of Appeals

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October 26, 2016

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on October 26, 2016 by video conference from offices located in New York City, Utica, and Albany, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:20 a.m.

Attendance

New York City

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • Molly Doherty, Member
  • Gloribelle J. Perez, Member
  • Jean Grumet, Administrative Law Judge
  • Devin A. Rice, Counsel
  • Joshua David Riegel, Attorney
  • Jane M. Ipanaque, Secretary

Utica

  • Michael A. Arcuri, Member

Albany

  • Anne Hohenstein, Managing Attorney

Minutes

On motion by Ms. Doherty duly seconded by Mr. Meagher, and unanimously carried, the minutes of the previous meeting held on September 14, 2016, were approved.

Reports

Updated reports showing Statistics, Case Status, and calendar were distributed to Board Members and staff. The monthly report reflecting activity for July and August 2016 was reviewed and discussed.

Monthly Report
Title SEPT-16 SEPT-15 YTD-16 YTD-15
New Proceedings Commenced
Section 101 – Review Petitions 12 114
Section 27-A – Public Employer Safety 0 12
Section 104 – Corporate Documents 1 16
Stay Applications 0 0
Total 13 53 142 347
Hearings Held
Total 12 14 112 126
Video Hearings Held
Capital District 0 0
Upstate 3 30
Downstate 2 19
New York City 6 63
Total 5 7 50 58
Hearings Scheduled/Not Held
Postponed 8 11 129 96
Resolved Prior to Hearing 13 12 135 119
Total 21 23 264 215
Board Resolutions
Total 30 70 274 379
Cases Closed
Section 101 26 253
Section 27-A 0 5
Section 104 2 11
Total 28 70 269 374
Interim Resolutions
Stay Applications 0 0
Interim Decisions 2 5
IBA Rules 0 0
Total 2 0 5 5

On motion by Ms. Mayuga duly seconded by Mr. Meagher, and unanimously carried, the meeting was moved into executive session at 9:35 a.m.

Resolutions of Decision

The following proposed Resolutions of Decision were introduced and discussed:

Settlements and approval of withdrawal of petitions
Docket No. Name
PR 14-309 Mario Pena and My New Parking, Inc. (T/A My New Parking)
PR 15-039 Juan Soto and Altagracia Landestoy A/K/A Altgrcia Santos and 103 Manhattan Ave. Grocery Corp. (T/A Ortiz Grocery)
PR 15-101 Bruce Zipes and Brumeljo Inc. (T/A Bruces Bakery)
PR 15-141 Mei Xian Lin and Tenzan Inc.
PR 15-201 Mark Kelly and William Magwood
PR 15-216 Barbara A. Kassin
PR 15-234 Eli Cohen A/K/A Eliahu Cohen and Furniture Designers of America, Inc. (T/A Furniture Design of America)
PR 15-241 Gawhar Munassar A/K/A Ahmedyehyka Munassar A/K/A Ahmed Munassar and Tulip Deli & Grocery Corp.
PR 15-248 Diana Fen Fen Lim A/K/A Diana F. Lim and Grand Nyonya Corp. (T/A Nyona Malaysian Cuisine)
PR 15-349 Portici Restaurant Inc.
PR 15-377 Yi Cai a/k/a Mei Yi Zhang & Good Luck House Inc. (T.A CM Malaysian Restaurant)
PR 15-410 Robert Kim and Queens NY Management Inc.
PR 16-050 Ronald Capossela and Shore Line Foods of Edgewood, Inc.
PR 16-053 Jose Celestino Ramirez and Mangos Paradise Smoothies Inc. and Mangos Paradise Smoothies II, Inc.
PR 16-062 Cynthia Attard
PR 16-065 Thanh Ly and Tip Top Nails IV, Inc.

On motion by Mr. Meagher duly seconded by Ms. Doherty, and unanimously carried, the Resolutions of Decision for Settlements and approval of withdrawal of petitions were adopted.

Section 101
Docket No. Name
PR 12-090 Wah Chan Wong and H.K. Tea and Sushi, Inc.
PR 14-217 Hisham S. Ghazalle
PR 14-301 Perry R. Stuart and Long Island Limousine Service Corp.
PR 15-097 Winston Castillo and E-Z Parking Lot Corp. (T/A E-Z Parking & Auto Sales)
PR 15-159 Luping Huang a/k/a Luping Huang-Ferreira and Amazing Touch Spa Inc.
PR 15-269 Jocelyne Wildenstein
PR 15-281 Moshe Maman and Lola 8 West Ltd. (T/A Filicori Zecchini)
PR 15-328 Anthony Anton (T/A Tony’s Pizza)
PR 16-075 Alma Felicies, Graciela Velez, and Chinelos II Corp.

On motion by Ms. Perez duly seconded by Mr. Meagher, and unanimously carried, the Resolutions of Decision under Section 101 were adopted.

Interim Decisions
Docket No. Name
PR 15-220 Americo E. Pullini and Edward A. Pullini and Pullini Subsurface Contractors, Inc.

On motion by Mr. Arcuri duly seconded by Mr. Meagher, and unanimously carried, the Interim Resolution of Decision under Section 101 was adopted.

Section 104
Docket No. Name
CI 16-018 Dryden Police Benevolent Association, Inc.
CI 16-021 International Union Educational League, Inc.

On motion by Mr. Meagher duly seconded by Ms. Doherty, and unanimously carried, the Resolutions of Decision under Section 104 were adopted.

On motion by Ms. Mayuga duly seconded by Mr. Meagher, and unanimously carried, the meeting was moved out of executive session at 10:27 a.m.

Discussion

The Board discussed the following topics:

  1. Minimum wage calculator
    • The Department of Labor is currently working on a Minimum Wage Calculator that employers and employees can use.
  2. Webex video hearing procedures
    • A hand out was provided detailing some of the technical factors required to conduct a hearing by video from a non-IBA location.
  3. Payroll card regulations petition
    • The Answer will be circulated to the Board for their review.
  4. Strategic Plan
    • The Board discussed goals and expectations for the agency.

Upon conclusion of the above topics, Mr. Arcuri departed the meeting at 10:55 a.m.

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Mr. Meagher duly seconded by Ms. Perez, and unanimously carried, the meeting was adjourned at 11:44 a.m.