Baguidy v. Boro Transit Inc., 16–cv–3096(DLI)(RLM)

• Decision Date: 30 September 2017
• Docket Number: 16–cv–3096(DLI)(RLM)
• Citation: 283 F.Supp.3d 14
• Parties: Louis BAGUIDY, Plaintiff, v. BORO TRANSIT INC., a/k/a Consolidated Bus Transit Inc., and Local 1181–1061, ATU Union, Defendants.
• Court: U.S. District Court — Eastern District of New York

283 F.Supp.3d 14

Louis BAGUIDY, Plaintiff,

v.BORO TRANSIT INC., a/k/a Consolidated Bus Transit Inc., and Local 1181–1061, ATU Union, Defendants.

16–cv–3096(DLI)(RLM)

United States District Court, E.D. New York.

Signed September 30, 2017

Sema Felix Ngati, Brooklyn, NY, for Plaintiff.

Jeffrey D. Pollack, Timothy J. Quill, Jr., Mintz & Gold, LLP, Richard A. Brook, Robert Marinovic, Meyer, Suozzi, English & Klein, P.C., New York, NY, for Defendants.

OPINION AND ORDER

DORA L. IRIZARRY, Chief United States District Judge:

Plaintiff Louis Baguidy ("Plaintiff") filed the instant action against Defendants Boro Transit (also known as Consolidated Bus Transit Inc.) ("Boro") and Local 1181–1061, Amalgamated Transit Union, AFL–CIO¹ ("the Union," and together with Boro, "Defendants") alleging that Boro discriminated against him, retaliated against him when he complained of being subjected to discrimination, and created a hostile work environment under the New York State Executive Law (Human Rights Law § 296) ("NYSHRL") and the Administrative Code of the City of New York, § 8–107.1(a) et seq. ("NYCHRL"). Plaintiff also seeks counsel fees pursuant to section 16(b) of the Fair Labor Standards Act of 1938 and under the New York Labor Law. See Amended Complaint ("Am. Compl."), Dkt. Entry No. 20, at ¶¶ 1–2. Plaintiff further alleges that the Union breached the duty of fair representation that it owed Plaintiff under the "Federal statute"² and the common law of the State of New York." Id. at ¶ 46. Plaintiff seeks monetary damages from Boro and the Union. Id. at Prayer for Relief. Plaintiff also seeks equitable relief in the form of reinstatement to his former position and an injunction prohibiting Boro and its employees from committing further discriminatory acts against Plaintiff. Id.

Defendants moved separately to dismiss the Amended Complaint. Boro argues that the Amended Complaint fails to state a claim for discrimination, retaliation, or hostile work environment, and that Plaintiff merely is trying to relitigate an adverse arbitration decision that determined Boro had fired Plaintiff for "just cause." See generally Boro's Mem. of Law in Supp. of its Mot. to Dismiss Am. Compl. ("Boro's Mem."), Dkt. Entry No. 22. The Union argues that: (1) Plaintiff's fair representation claim is time barred; (2) the Union did not breach its duty of fair representation; and (3) any fair representation claim under New York state law is preempted by applicable federal laws. See generally Union's Mem. of Law in Supp. of its Mot. Dismiss Am. Compl. ("Union's Mem."), Dkt. Entry No. 29. For the reasons set forth more fully below, Defendants' motions are granted.

BACKGROUND ³

Plaintiff was employed by Boro as a bus driver from January 3, 2012 until March 11, 2015. Am. Compl. at ¶ 10. Prior to his employment with Boro, Plaintiff worked for twelve years as a bus driver for a different employer. Id. During his twelve years as a bus driver prior to working for Boro, he had a clean driving record, had no criminal history for crimes involving anger, and never had been written up. Id. at ¶ 21. He further alleges that, during his employment with Boro, his work performance was "above satisfactory." Id. at ¶ 11. Plaintiff, who is black and of Haitian descent, Id. at ¶ 5, alleges primarily four incidents that provide the basis for his claims:

First, Plaintiff allegedly on January 7, 2014 was assigned to drive a bus "in the middle of winter with a defective heating system." Id. at ¶ 12. While he complained that driving children in a bus without heat was "against the rules," Plaintiff allegedly was assigned the same bus without repairs to the heating system again on January 8, 2014. Id. When Plaintiff again complained of the assignment, he was suspended for one day without pay, and unbeknownst to him at the time, a disciplinary notice was placed in his file. See Id. Plaintiff claims that "no other non black or non Haitian employees were assigned to drive a school bus under the same weather conditions." Id. at ¶ 14. Although he does not allege that he notified the Union of the assignments to buses with deficient heating systems or of the discipline he subsequently received, Plaintiff claims that the Union failed to represent him fairly in his disciplinary action. Id. at ¶ 36.

Second, on March 6, 2014, Plaintiff complained to "the manager" that he was being treated differently than other non-white ⁴ and non-Haitian drivers. Id. at ¶ 15. Plaintiff also complained to Boro's payroll representative, Mario Belgrave, that his paychecks were "short[ ]." Id. Mr. Belgrave allegedly became "angry" at Plaintiff's complaint, and "failed to look into the matter." Id. The same day, while operating his bus, Plaintiff received a phone call from Boro notifying him that he was suspended for the rest of the day without pay. Id. Plaintiff alleges that no reason was given for the suspension, and that Plaintiff again was written up without his knowledge. Id. According to Plaintiff, "no other non black or non Haitian employees that complain[ed] to management about [the] same or other terms [of] their employment w[as] treated like the plaintiff." Id. at ¶ 18. While Plaintiff does not allege that he notified the Union of the discipline he received on March 6, 2014, he nonetheless claims that the Union failed to fairly represent him in connection with this suspension. Id. at ¶ 37.

Third, on October 17, 2014, Plaintiff allegedly sped through Boro's bus yard in his school bus. Id. at ¶ 19. The incident was observed by the "Yard Man," a non-black employee who did not have a speed gauge with which to measure Plaintiff's speed. Id. According to Plaintiff, he and "other non black or non Haitian drivers[ ] drove in a convoy to exit or enter" the bus yard at the same time and "none of the other said drivers were accused of speeding." Id. at ¶ 20. Boro told Plaintiff that the Yard Man "is a police [officer]" and dismissed Plaintiff that same day. Id. at ¶ 19. Plaintiff reported this incident to the Union. Id. Plaintiff alleges that he collected unemployment insurance benefits after his termination on October 17, 2014 because his termination was not for any misconduct. Id. at ¶ 22.

In the days following his October 17, 2014 termination, Boro issued employee disciplinary notices for three additional incidents involving Plaintiff: (1) on October 21, 2014, for driving his school bus without a safety bag and while in possession of a four-inch curved knife; (2) on October 22, 2014, for driving his school bus without a safety bag and "with an extremely dirty interior of the bus"; and (3) on October 24, 2014, for reckless driving in the company yard. Id. at ¶¶ 23–25. Plaintiff alleges that each of these disciplinary notices were pretextual, spurious, and discriminatory because "no other non black or non Haitian driver was treated similarly by defendant Boro." Id. at ¶ 26. Plaintiff claims he had no knowledge of these disciplinary notices until receiving the arbitration decision dated October 26, 2015. Id. at ¶¶ 16, 40. Plaintiff does not allege that he reported the disciplinary notices to the Union, but nonetheless claims that the Union failed to fairly represent him in connection with them. Id. at ¶ 40.

Two months after the October 17, 2014 incident, Plaintiff was asked by Boro to take anger management classes and two six-hour defensive driving classes. Id. at ¶ 19. He was offered a "last chance agreement," which he allegedly signed, without representation, and was reinstated to his position as a bus driver. See Id. Plaintiff claims that the Union failed to fairly represent him in connection with his signing of the "last chance agreement." Id. at ¶ 38.

Fourth, on March 11, 2015, Plaintiff transported a group of children to the College of Staten Island ("CSI"). Id. at ¶ 27. A staff member told Plaintiff not to leave his bus unattended. Id. The staff member believed Plaintiff to be uncooperative and pointed Plaintiff out to the director of CSI. Id. The director then instructed Plaintiff not to leave his bus unattended, and Plaintiff allegedly replied that he did not have to listen to her, and asked her, "who the hell do you think you are[?]" Id. When the director told Plaintiff she would call his employer, Plaintiff allegedly responded, "I don't give a shit." Id. The director reported this incident to Boro, but did not report it to campus police. Id. at ¶¶ 27–28. Plaintiff alleges that he was terminated without an investigation and without any union representation. Id. at ¶ 27. He contends that no other non-black or non-Haitian bus driver was accused in a similar manner. Id. at ¶ 32. Plaintiff also alleges that he collected unemployment insurance benefits after his termination on March 11, 2015 because he was not terminated for any misconduct. Id. at ¶ 33.

An arbitration was scheduled for July 14, 2015, but Plaintiff's union representative informed him that the director of CSI, who reported the March 11, 2015 incident to Boro, refused to appear. Id. at ¶ 29. The union representative further told Plaintiff that Boro had decided to reinstate him if he signed an agreement. Id. When Plaintiff told his union representative that he would like to review the agreement before signing it, the union representative allegedly became angry and told Plaintiff that "he will re-schedule the [a]rbitration [h]earing and that [P]laintiff will not win." Id. at ¶ 30. Plaintiff alleges that the Union failed to fairly represent him by rescheduling the arbitration "with malice" because he requested to read the agreement before signing it. Id. at ¶ 39.

The arbitration was held on October 15, 2015. Id. at ¶ 31. The director of CSI, who Plaintiff alleges was coerced into testifying, testified that she could not identify Plaintiff as there were several bus drivers at the college that day. Id. Though he requested a Haitian-speaking interpreter, the Union did not provide one during the arbitration proceedings, which Plaintiff claims breached the...