BARRETT v. LOCAL 804 UNION

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BARRETT v. LOCAL 804 UNION - Leagle

JAHMIL O. BARRETT, Plaintiff, v. LOCAL 804 UNION and UNITED PARCEL. SERVICE, INC. (UPS), Defendants.

United States District Court, E.D. New York.

June 24, 2019.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other

Plaintiff's worker's compensation terminated on May 18, 2011 and UPS terminated his employment on July 13, 2011. (Id. at 3-4.) Plaintiff contends that his discharge was "in violation of Article 12, Sections 1 & 2, of the Collective Bargaining Agreement (CBA)5 for unknown reason(s) and in violation of the [LMRA]; Section 301 Title 29 (U.S.C. § 185)." (Id. at 4.) Plaintiff alleges that he "never received an official notice of discharge as required by the (CBA)." (Id.)

In or about July of 2011, Plaintiff "submitted his grievance form to Local Union 804's representative Anthony Cirulli" and "made numerous telephone calls to Local Union 804's representatives without success." (Id. at 5; Pl. Opp'n 2.) From on or about July 20, 2011 to in or about October of 2017, Plaintiff made several telephone calls to Local 804 to inquire as to his grievance and was told that he had to wait until his "arbitration date."6 (TAC 5.)

On or about October 11, 2017, Plaintiff "received a flyer regarding unfair labor practices"7 and made several additional telephone calls to Local 804's representatives until January of 2018 when he "realized that Local Union 804[] had no intentions [of] processing . . . Plaintiffs grievance." (Id.)
 
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