The court focused on the union's motivation, and stated that "union action which adversely affects a member is discipline only when (1) it is undertaken under color of the union's right to control the member's conduct in order to protect the interests of the union or its membership, and (2) it directly penalizes him in a way which separates him from comparable members in good standing." The County and the Union did not conspire, and the County did not delegate any authority to the Union. UPS Teamsters Supplemental Negotiations Update. Home | Teamsters Local 456 ( Id. The Union's failure to "win" on every point in the negotiations, and its compromise with the County that resulted in the agreement, do not indicate that the County was so implicated in the activity so as to transform the Union's activity into state action. (Am.Complt. 89.) .," and this conduct constitutes a violation of LMRDA 101(a)(1) even though a subsequent vote of the membership ratified the agreement. Plaintiffs further allege that defendant discriminated against them with respect to their voting rights in violation of 101(a)(1) of the LMRDA, 29 U.S.C. PDF General Prevailing Wage Determination - TEAMSTER (APPLIES ONLY TO WORK III. Plaintiffs' tenth cause of action alleges a violation of their right to form, join or participate in a labor organization as guaranteed by the New York State Constitution. at 16.) at 19.) Reply Mem. According to the Court, such a breach "occurs only when a union's conduct toward a member of the collective bargaining unit is arbitrary, discriminatory, or in bad faith." ELMSFORD, NY 10523-3521 | Tax-exempt since Nov. 1982. In so doing, the Union and the County agreed to exclude plaintiffs from the bargaining unit. ( Id. 1867, 72 L.Ed.2d 239 (1982). Robert C. Richardson, Trustee, 265 West 14th Street June 4, 1996), the court found that a union was not acting under the color of state law where it had an adversarial role in relation to the state by nature of the fact that it was the representative of city employees. 2000). ), During subsequent negotiation sessions, the County continued to insist on the exclusion of the Senior ACAs. Plaintiffs, Senior Assistant County Attorneys ("Senior ACAs") of Westchester County, bring this action against defendant, Local 456, International Brotherhood of Teamsters, AFL-CIO ("Local 456" or the "Union"), pursuant to the United States and New York State Constitutions, and various state and federal labor laws.

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