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

Aug. 26, 2022, 8:40 PM UTC

Metro-North Commuter Railroad Company and the International Brotherhood of Teamsters Local 808 are entitled to summary judgment on a former track foreman’s hybrid lawsuit under the Railway Labor Act, asserting Metro-North’s breach of a collective bargaining agreement when it terminated him for unsatisfactory absenteeism, and his union’s subsequent breach of the duty of fair representation, a federal district court in New York ruled. The court held no reasonable juror could find that Metro-North’s termination of the foreman violated the CBA, and dismissed his breach of contract claim. The court found that he was absent more than 14 calendar days without ...

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