Tuesday, April 8, 2014
Palladino v. CNY Centro, ___N.Y.3d___(April 8, 2014), is a major decision. In a 5-2 decision the New York Court of Appeals affirms the dismissal of a duty of fair representation case brought against a labor union that refused to take a discharge case to arbitration. Why, because each and every member of the union did not ratify the decision.
In so holding, the Court re-affirmed Martin v. Curran, 303 N.Y. 276 (1951) and quoted my article, Union Immunity from Suit in New York, 2 NYU J. L. & Bus. 641, 649 (2006). The Court correctly reasoned that NY still follows the common law which does not consider unincorporated associations to be juristic entities. Liability remains with the individual union members.
The Court noted the critisim that the Martin rule has received and the fact that it is virtually impossible for any labor union in New York to have common law liability.
The Court, however, noted that Plaintiff could have filed a DFR improper practice under the Taylor Law.
It is feels good to be cited by the Court of Appeals.
Mitchell H. Rubinstein