Palladino v. CNY Centro, Inc.

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Appellant was disciplined and then terminated from his employment with his Employer. The Union of which Appellant was a member filed several grievances protesting the discipline and subsequent termination, which were denied. The Union’s executive board then voted unanimously against proceeding to arbitration. Appellant commenced two separate actions against his Employer and the Union, alleging, among other claims, breach of the duty of fair representation against the Union. Supreme Court denied the Union’s motion for summary judgment as to the claim for breach of the duty of fair representation. The Appellate Division reversed, concluding that, pursuant to Martin v. Curran, the complaint was fatally defective because it failed to allege that the Union’s conduct was ratified by “every single member” of the association. On appeal, Plaintiff argued that Martin was inapplicable and, alternatively, that this precedent should be overruled. The Court of Appeals affirmed, concluding that the Martin rule applied to this action and that adoption of a rule that does away with Martin was best left to the Legislature.View "Palladino v. CNY Centro, Inc." on Justia Law