DFR preemption

This case comes to no suprise

Ramlogan v. 1199, ___F.Supp. 2d _____S.D.N.Y. Jan. 12, 2012, is case summarizing DFR law.  What is most interesting is footnote 3 where the court indicated that state law discrimination claims are preempted by federal DFR law.

Footnote 3 provides,

Although the complaint does not reference federal, plaintiffs state law claims allege conduct that is within defendant’s duty of fair representation and, thus, they are preempted by federal law. See, e.g. Zuckerman v. Volumes Services America. Inc., 304 F.Supp.2d 365, 373 (E.D.N.Y. 2004)(finding that the plaintiffs state law claim alleging that the union discriminated against her on account of her disability by failing to file a grievance on her behalf and to refer the matter to arbitration amounted to a claim for breach of the duty of fair representation and was, thus, preempted by federal law; Marrero v. City of New York, No. 02 Civ. 6634, 2003 WL 1621921, at *3 (S.D.N.Y. Mar. 28, 2003)(finding that the plaintiffs claim alleging that the union failed to represent him fairly at grievance hearings imposed no new duty on the union that was not already required by the duty of fair representation and, thus, was preempted by federal law.

via Adjunct Law Prof Blog.

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Filed under labor, legal decision, union

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