Cullen v. Henry Haywood Mem'l Hosp.

• Decision Date: 26 March 2015
• Docket Number: Civil Action No. 14–40097–TSH.
• Citation: 95 F.Supp.3d 130
• Parties: Carrie CULLEN, Plaintiff, v. The HENRY HAYWOOD MEMORIAL HOSPITAL and Massachusetts Nursing Association, Defendants.
• Court: U.S. District Court — District of Massachusetts

95 F.Supp.3d 130

Carrie CULLEN, Plaintiff

v.The HENRY HAYWOOD MEMORIAL HOSPITAL and Massachusetts Nursing Association, Defendants.

Civil Action No. 14–40097–TSH.

United States District Court, D. Massachusetts.

Signed March 26, 2015.

Gregory W. Wheeler, Law Office of Gregory W. Wheeler, Leominster, MA, for Plaintiff.

James F. Lamond, Andrew M. MacDonald, McDonald, Lamond, Canzoneri & Hickernell, Southborough, MA, Todd A. Newman, Schwartz Hannum PC, Andover, MA, for Defendants.

MEMORANDUM OF DECISION AND ORDER ON DEFENDANT HENRY HAYWOOD HOSPITAL'S MOTION TO DISMISS AND DEFENDANT MASSACHUSETTS NURSING ASSOCIATION'S MOTION FOR JUDGMENT ON THE PLEADINGS

HILLMAN, District Judge.

Background

Plaintiff, Carrie Cullen (“Plaintiff”) has filed a Complaint against defendants, Henry Haywood Memorial Hospital (“the Hospital”) and the Massachusetts Nursing Association (“MNA”) alleging violations of the Labor Management Relations Act, 29 U.S.C. § 185(a), discrimination under Mass. Gen. L. c. 151B and state tort claims. The Hospital moved to dismiss all counts asserted against under Fed. R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. The MNA filed a motion for judgment on the pleadings on all claims against it, pursuant to Fed. R.Civ.P. 12(c). This Court heard oral argument on that motion, at which time Plaintiff conceded that the following claims be dismissed as they are preempted by Section 301: wrongful termination against the Hospital (Count II); intentional infliction of emotional distress (Count V) and negligent infliction of emotional distress (Count VI) against the MNA. This memorandum of decision addresses the remaining claims: Counts I, IV, V, and VI against the Hospital and Counts III and IV against the MNA.

Facts

For the purposes of this motion, all facts set forth in the Complaint will be accepted as true. On or about June 9, 2008, Plaintiff began employment with the Hospital as a registered nurse and she primarily worked in the obstetrical department. As a registered nurse employed by the Hospital, Plaintiff was a member of the MNA, which is a labor organization which serves as the representative of a bargaining unit of staff registered nurses employed by the Hospital. The MNA and the Hospital have been parties to a series of collective bargaining agreements (“CBAs”), including the one that was in effect from October 1, 2011 through September 31, 2013. Plaintiff performed her job without incident until she injured her hip

on January 16, 2012 and had to take a medical leave of absence while she underwent surgery, treatment, and physical therapy for her injuries.

In early April 2013, the Hospital held a meeting with the MNA and the Plaintiff, at which it intended to tell the Plaintiff that her employment would be ended if she was not then able to return to work. During that meeting, the Hospital agreed to the MNA's proposal that in lieu of terminating her employment, the Hospital would extend Plaintiff's leave of absence by an additional six months, until November 1, 2013. Among other things, the MNA agreed that it would not file a contract grievance in the event that the Hospital terminated the Plaintiff's employment due to her inability to return to work by the new deadline. In early September, 2013, Plaintiff had not returned to work, but was medically authorized to return to work on a modified or light duty basis. The Hospital, however, did not offer her a light duty assignment and terminated her employment on November 7, 2013 because Plaintiff had not returned to work. The MNA did not file a grievance challenging that termination and there is no allegation that the Plaintiff asked the MNA file a grievance, nor any allegation that she filed one on her own. Plaintiff filed a complaint in Worcester Superior Court on June 19, 2014. On July 9, 2014, the MNA filed an answer in state court and also filed a notice of removal in federal court.

Discussion

Claims Against the Hospital—12(b)(6) Standard of Review

To survive a Rule 12(b)(6) motion to dismiss, the factual allegations in a complaint must “possess enough heft” to state a claim to relief that is plausible on its face. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 557, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). “A case has ‘facial plausibility’ when plaintiff pleads factual content that allows the court to draw a reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955 ). “Plausible, of course, means more than merely possible, and gauging a pleaded situation's plausibility is a ‘context-specific’ job that compels [the Court] ‘to draw on’ [its] ‘judicial experience and common sense.’ ” Schatz v. Republican State Leadership Comm., 669 F.3d 50, 55 (1st Cir.2012) (quoting Iqbal, 556 U.S. at 679, 129 S.Ct. 1937 ).

Dismissal for failure to state a claim is appropriate where pleadings fail to set forth factual allegations respecting each element necessary to sustain recovery under a legal theory. Gagliardi v. Sullivan, 513 F.3d 301, 304 (1st Cir.2008). In considering the adequacy of the pleadings, the Court accepts all factual allegations in the complaint and draws all reasonable inferences in favor of the plaintiff. Schatz, 669 F.3d at 55.

Violation of 29 U.S.C. § 185

Plaintiff's “hybrid” claim under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a) (“Section 301”) (Count IV) alleges that the MNA violated its duty of fair representation to Plaintiff by agreeing with the Hospital as to the maximum duration of Plaintiff's medical leave under the CBA, and that the Hospital, in turn, violated the CBA by implementing this agreement. Section 301 confers federal jurisdiction over “[s]uits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce.” 29 U.S.C. § 185(a). Both Defendants argue that falls outside the six-month limitations period for such claims and, as such, is time-barred. Plaintiff argues that an express statute of limitations for claims under the LMRA does not exist, and notwithstanding, any limitations period applicable to Count IV should be tolled during the time that Plaintiff's claims were pending with MCAD.

The Court of Appeals for the First Circuit has decided this issue in favor of a limitations period. “[T]he six-month statute of limitations of section 10(b) of the Labor Management Relations Act applies to ‘hybrid’ actions brought under section 301 of that Act.” Graham v. Bay State Gas Co., 779 F.2d 93, 94 (1st Cir.1985) (citing DelCostello v. Int'l Bhd. of Teamsters, 462 U.S. 151, 169–72, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983) ). “A cause of action in a hybrid Section 301/fair representation suit arises when the plaintiff knows, or reasonably should know, of the acts constituting the union's alleged wrongdoing.”Id. In cases involving the termination of employment, the cause of action accrues “no later than” the termination date. Adorno v. Crowley Towing and Transportation Co., 443 F.3d 122, 127 (1st Cir.2006). See also Socha v. Nat'l Ass'n of Letter Carriers, 883 F.Supp. 790, 801 (D.R.I.1995) (examining each “event” described in the complaint to see whether they occurred before or after the six-month limitations period).

Because Plaintiff did not file this civil action until June 19, 2014, more than seven months following her termination from the Hospital, dismissal of this claim as time-barred is mandated. See Adorno, 443 F.3d at 126–27 (affirming ruling that Section 301 claims filed 20 days after expiration of six-month limitations period were time-barred); Arriaga–Zayas v. Int'l Ladies' Garment Workers' Union–Puerto Rico, 835 F.2d 11, 13 (1st Cir.1987) (explaining, in affirming dismissal of Section 301 suit as time-barred, that “the aggrieved workers were bound ... to sue within the six month limitations period or forever hold their peace”); Graham, 779 F.2d at 94 (affirming dismissal of Section 301 suit as time-barred). Accordingly, the Hospital's motion to dismiss is allowed as to Count IV.

Common Law Tort Claims—Counts V and VI

Plaintiff's common-law claims intentional infliction of emotional distress (Count V) and negligent infliction of emotional distress (Count VI) are based on the allegation that the Hospital, in administering the CBA in conjunction with Plaintiff's union representatives, terminated her employment in violation of the CBA's provisions on medical leave. Plaintiff argues that the actions of the Hospital in denying her reasonable accommodation and terminating her position do not depend on the meaning of the CBA and are not pre-empted by the CBA. Plaintiff further argues that her claims for emotional distress flow from her state discrimination claim and therefore can be considered independently of the CBA, see infra. The Hospital contends that these claims depend on the CBA and therefore are preempted by Section 301.

“[S]ection 301 preempts a state law claim ‘if the resolution of [that] claim depends on the meaning of a collective bargaining agreement.’ ” Flibotte v. Pa. Truck Lines, Inc., 131 F.3d 21, 26 (1st Cir.1997) (quoting Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399, 405–06, 108 S.Ct. 1877, 100 L.Ed.2d 410 (1988) ). A state-law claim depends upon the meaning of a collective bargaining agreement if: (i) “it alleges conduct that arguably constitutes a breach of a duty that arises pursuant to a collective bargaining agreement,” or (ii) “its resolution arguably hinges upon an interpretation of the collective bargaining agreement.” Troconis v. Lucent Technologies Inc., 160 F.Supp.2d 150, 154–55 (D.Mass.2001).

For the Plaintiff's claim of negligent infliction of emotional distress to avoid preemption, she must show that it does not arise from duties imposed by the CBA, but instead that the Hospital has “ ‘acted in a way that might violate the duty of reasonable care owed to...