Levy, Bank and De La Hoz Secure Pre-Answer Dismissal

April 26, 2018 | Employment & Labor

Barry Levy, Brian Bank, and Catalina De La Hoz secured pre-answer dismissal, with prejudice, of all claims against their client, a labor union, brought by a former union member.  The case arose after the union declined to file an Article 75 proceeding to vacate an arbitration award sustaining the termination of the former member’s employment with a company that had a collective bargaining relationship with the union.  The former member asserted that this failure constituted a breach of the union’s duty of fair representation under the National Labor Relations Act.

The Court, adopting the arguments presented by Levy, Bank, and De La Hoz, found that the duty of fair representation generally does not obligate a union to appeal or to file a petition to vacate an adverse award against one of its members, and that the former member had failed to plead facts that would plausibly show that the union’s failure to appeal the award in this case was arbitrary, irrational, discriminatory, or in bad faith.

The Court went on to deny the former member leave to re-plead, finding that the facts already alleged by the former member establish that the union’s conduct was reasonable, thus rendering any attempt at amendment futile.

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