Labor union prevails in ‘fair representation’ suit

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Labor union prevails in ‘fair representation’ suit - New England In House

A federal judge has found that a local union acted in good faith and therefore did not breach its duty of fair representation in not pursuing arbitration on behalf of a plaintiff member who was terminated from his job for violating his employer’s anti-violence and anti-harassment workplace policies.

Plaintiff Michael P. Smith was terminated from his delivery job at United Parcel Service after mocking another employee’s disability and hitting him on the head. He filed suit against UPS, alleging that he was fired without just cause contrary to the parties’ collective bargaining agreement, as well as against his former union, Local 251 of the International Brotherhood of Teamsters, for its refusal to arbitrate his grievance.

But U.S. District Court Judge William E. Smith in Providence disagreed with the plaintiff’s contentions, granting summary judgment in favor of both defendants.
 

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While taking a work break on Nov. 30, 2018, the plaintiff’s hands came into contact with the head of Anthony Cipriano, a fellow UPS employee and Local 251 member. Cipriano reported to a UPS manager and a union representative that the plaintiff had mocked his deafness and “hit” him in the ear with an “open-handed smack.”

In his meeting with union and company officials, the plaintiff maintained he only “tapped” Cipriano. But consistent with the company’s zero tolerance policy, the plaintiff was suspended pending an investigation.

After a UPS human resources employee took statements from two witnesses who heard the exchange between the plaintiff and Cipriano, the company terminated the plaintiff on Dec. 13 for violating its anti-violence and anti-harassment policies.
 
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