Doorman Fired for Leaving Post

March 1, 2011

LVT Number: #23204

Landlord fired the building doorman for leaving his post without waiting for his replacement to arrive. The doorman's union refused to arbitrate the grievance the doorman filed against landlord. Instead of appealing the union's decision to the Grievance Appeal Board (GAB), as required by the union's constitution, the doorman sued landlord in state court. The case was transferred to federal court at the union's request. The union and landlord then asked the court to dismiss the case without a trial.

Landlord fired the building doorman for leaving his post without waiting for his replacement to arrive. The doorman's union refused to arbitrate the grievance the doorman filed against landlord. Instead of appealing the union's decision to the Grievance Appeal Board (GAB), as required by the union's constitution, the doorman sued landlord in state court. The case was transferred to federal court at the union's request. The union and landlord then asked the court to dismiss the case without a trial. The court did so, finding that the doorman didn't follow through with the union's internal grievance process. The union had notified the doorman of his right to appeal its decision not to arbitrate the case, and the doorman didn't appeal. The union's procedures were reasonable and not burdensome or confusing.

Russo v. 210 Riverside Tenants Inc.: Index No. 10 Civ. 914, NYLJ No. 1202480229483 (SDNY; 1/25/11; Cote, J)

Topics

More like this