Palladino v. CNY Centro, 2014 N.Y. LEXIS 704, 2014 NY Slip Op 2378, 199 LRRM 3228

Kenneth L. Wagner

Case Conclusion Date:April 8, 2014

Practice Area:Employment / Labor

Outcome:Ruling in favor of the union and dismissing the complaints, the NY Court of Appeals rejected the plaintiff’s challenge to the continuing vitality of the so-called "Martin" rule defense and confirmed its applicability to fair representation claims.

Description:A former union member who was discharged sued both the employer and the union for breach of the labor contract and of the duty of fair representation, respectively.