Doorman Suspended for Bringing Bedbugs into Building

Landlord suspended the doorman from work in 2008 after his locker became infested with bedbugs. Landlord barred the doorman's return until he could confirm that the residence he shared with his elderly mother was free of bedbugs. When the doorman claimed that his home had been cleared of pests, landlord still refused to reinstate him. While the doorman's labor union was negotiating on his behalf, the doorman resigned from his job. In 2009, an arbitrator dismissed the doorman's grievance over the suspension since landlord was justified in suspending him based on the health risks posed by bedbugs. The doorman then sued his union, claiming that he wasn't properly represented by it. The court ruled against the doorman. Although the doorman was developmentally disabled, he had never sought an accommodation for this during his 40 years of employment at the building. It wasn't arbitrary for the union's representative to find that the doorman resigned out of frustration and duress rather than any cognitive disability.

Seeman v. Local 32B-32J, Service Employees Union: Index No. 09 Civ 4901 (SDNY; 3/3/11; Cedarbaum, J)