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Case: Labor Relations/Fair Representation (S.D.N.Y.)

Jan. 14, 2020, 10:38 PM

A union is entitled to summary judgment on the fair representation and due process claims of a civil service employee of New York City allegedly fired without a hearing for prolonged and unexcused absences. The court lacks subject-matter jurisdiction over his claim for breach of the duty of fair representation against his union, because the city is a public employer not covered by the Labor-Management Relations Act. Additionally, he doesn’t have a viable underlying due process claim, given that the court previously dismissed his claims against the city and his union isn’t a state actor. The case is Gonzalez v. City of New York, 2020 BL 11576, S.D.N.Y., No. 1:18-CV-2197-GHW, 1/13/20

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