Representing unions, their members and their affiliated fringe benefit funds, Mr. Wien has secured hundreds of thousands of dollars in unpaid wages and employee fringe benefit contributions. He has also represented unions in major construction industry collective bargaining and in bargaining under the Railway Labor Act and has been labor’s advocate at the National Labor Relations Board, the National Mediation Board, the New York State Public Employment Relations Board, the New York City Board of Collective Bargaining, the Equal Employment Opportunity Commission, the New York State Division of Human Rights and in numerous employee disciplinary hearings and contract interpretation grievance arbitration.
Mr. Wien has litigated on behalf of unions and benefit funds for many years. Significant successful published litigation include:
District Council No. 9 v. APC Painting Company, 272 F.Supp.2d 229 (SDNY 2003) which expanded and clarified the extent to which owners of a corporation may be personally liable for amounts due as wages and benefit contributions found owing in arbitration awards. This case also expanded and clarified the liability of related companies under such awards.
Local 530 v. District Council No. 9, 1999 WL 1006226 (SDNY) upholding the validity of an arbitration award resolving a construction industry jurisdictional dispute.
Local Union 20, 2000 WL 22664297 (NLRB Div. of Judges) which overturned an NLRB regional director’s determination and held that a union has the right to charge advanced dues even where a collective bargaining agreement contains a union security clause and the employee was not employed at the time the dues were required to be paid
Ganley v. Guiliani, 94 NY2d 207 (1999) holding that law enforcement employees involuntarily transferred to the New York City Police Department from other police departments did not have to pay a non resident fee equal to the difference, as a result of taxation, between the actual take home pay of the non resident and what the non resident would have been paid had he or she been a resident.
Lieutenants Benevolent Association v. City of New York, 285 AD2d 329 (App. Div. 1st Dep’t 2001) holding that procedures adopted by the City of New York to verify the payment of the same non resident fee at issue in Ganley, was a mandatory subject of collective bargaining.
Mr. Wien is a former Commissioner of the Yonkers, New York Commission on Human Rights. He is also a trained mediator and experienced arbitrator.