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    Duncan v. AT&T Communications, Inc. 668 F.Supp. 232 (S.D.N.Y. 1987) - Robert L. Carter, District Judge

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    Nypho Pareño
    The document is a court case summary that discusses a lawsuit brought by Karen Duncan against her former employer AT&T and union representatives. The court ruled that Duncan's complaint failed to establish that the union breached its duty of fair representation or that she was a union member entitled to representation. As a result, the court granted the defendants' motion to dismiss the complaint in full for failure to state a valid legal claim.

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    Duncan v. AT&T Communications, Inc. 668 F.Supp. 232 (S.D.N.Y. 1987) - Robert L. Carter, District Judge

    Uploaded by

    Nypho Pareño
    67 views2 pages
    The document is a court case summary that discusses a lawsuit brought by Karen Duncan against her former employer AT&T and union representatives. The court ruled that Duncan's complaint failed to establish that the union breached its duty of fair representation or that she was a union member entitled to representation. As a result, the court granted the defendants' motion to dismiss the complaint in full for failure to state a valid legal claim.

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    The document is a court case summary that discusses a lawsuit brought by Karen Duncan against her former employer AT&T and union representatives. The court ruled that Duncan's complaint failed to establish that the union breached its duty of fair representation or that she was a union member entitled to representation. As a result, the court granted the defendants' motion to dismiss the complaint in full for failure to state a valid legal claim.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    67 views2 pages

    Duncan v. AT&T Communications, Inc. 668 F.Supp. 232 (S.D.N.Y. 1987) - Robert L. Carter, District Judge

    Uploaded by

    Nypho Pareño
    The document is a court case summary that discusses a lawsuit brought by Karen Duncan against her former employer AT&T and union representatives. The court ruled that Duncan's complaint failed to establish that the union breached its duty of fair representation or that she was a union member entitled to representation. As a result, the court granted the defendants' motion to dismiss the complaint in full for failure to state a valid legal claim.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Duncan v. AT&T Communications, Inc.

    668 F.Supp. 232 (S.D.N.Y. 1987).

    Robert L. Carter, District Judge.

    SYLLABI/SYLLABUS

    In general, a complaint may be dismissed only if its claims are unquestionably insufficient to entitle
    the plaintiff to relief no matter what supporting facts might be proved at trial. Thus, all well-pleaded
    factual allegations are assumed true and are viewed in the light most favorable to the plaintiff.
    Conversely, however, allegations which are not "well-pleaded" should not, and often simply cannot,
    be accepted as true.

    FACTS

    Plaintiff Karen Duncan is a former employee of defendant AT T Communications, Inc. ("AT T").
    Defendants are several individuals holding supervisory positions at AT T, several physicians who
    apparently rendered opinions concerning Duncan's medical condition, and the Communication
    Workers of America, Local 1150 ("Local 1150" or "the Union") and two of its former or current
    presidents.

    Duncan alleges discrimination based on race and disability in connection with the "conditions and
    privileges of her employment," Complaint at 2, breach of the duty of fair representation by the
    Union defendants, and intentional infliction of emotional distress.

    ISSUE

    Whether or not there is breach of the duty of fair representation by the Union defendants?

    RULING

    No, there is no breach of the duty of fair representation by the Union defendants.

    The issue of fair representation does not even arise, however, unless a union member (i) has a
    grievance, based on a breach by the employer of the collective bargaining contract, and (ii) has at
    least attempted to use grievance procedures provided by the contract.

    The complaint does not state whether Duncan is a member of Local 1150. Thus, on its face it
    establishes no basis for holding the Union defendants to a duty of fair representation.
    FALLO

    The complaint fails to state a claim on which relief can be granted. Defendants' motions to dismiss
    the complaint in full accordingly are granted.

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