The opinion of the court was delivered by: LEWIS A. KAPLAN
Plaintiff worked for more than twenty years as an attendant at a parking garage located at 200 Clinton Street in Manhattan. The garage was operated by the Seward Park Housing Corporation until July 1, 1990, when control passed to defendant Ulltra. Ulltra terminated Ladson's employment on October 15, 1990, allegedly after receiving complaints from customers and after giving plaintiff several written warnings relating to his alleged failure to adhere to proper garage procedures. (Ull Aff. P 4) Plaintiff denies that he ever received written warnings prior to his termination, and further denies any wrongdoing in his employment duties. (Ladson Aff. at 2)
There is evidence of past corruption involving the management of area garages and the Garage Employees Union Local No. 272 ("Local 272"), which represents workers in the garage in question as well as many others. The corruption appears to have spanned several years, from 1976 to 1992. One result was a criminal prosecution, United States v. Salerno, No. 92 Cr. 551, in the Southern District of New York. The three defendants in that case, Charles Salerno, Eugene Bennett and Victor Alfieri, were officers and employees of Local 272. Each defendant was convicted upon his plea of guilty to violations of the Racketeering and Corrupt Influenced Organizations ("RICO") Act relating to his employment with Local 272. Each defendant admitted in his plea allocution accepting thousands of dollars in illegal payments from garage owners. Plaintiff now alleges that Local 272 and his former employer were involved in a conspiracy whereby garage owners bribed union officials to acquiesce in the firing of older and black union members, including plaintiff. (See Schneider Dep. at 19-20, 66-75, Ladson Aff. Ex 3)
During the time relevant to the termination of plaintiff's employment, Ulltra was bound by the collective bargaining agreement already in place between Local 272 and the Metropolitan Garage Owners Association, Inc. (the "MGOA"). (Ull Aff. P 2) Local 272 filed a grievance against Ulltra relating to plaintiff's termination. The arbitrator found that Mr. Ladson had been discharged in violation of the collective bargaining agreement and was entitled to "immediate reinstatement with no loss of seniority or benefits accorded him under the current Collective Bargaining Agreement." (Ull Aff. Ex. D, at 24) A clarification, issued on September 18, 1992, required defendant to pay plaintiff the cash value of the benefits plaintiff lost between October 15, 1990 and May 15, 1992. (Ull Aff. PP 8-10) Defendant paid plaintiff $ 6,590.95 in several installments between October 5, 1992 and March 15, 1993. (See Ull Aff. Ex. E)
At least four lawsuits have been filed in the wake of these events. On January 9, 1992, plaintiff commenced No. 92-0147, which alleges that Ulltra and Lerner Management Corporation discriminated against him based on his race and age in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and § 7(b) of the Age Discrimination in Employment Act of 1967 (the "ADEA") , 29 U.S.C. § 626(b).
On January 17, 1992, plaintiff brought No. 92-0440, which alleges that defendants violated 42 U.S.C. §§ 1981(a), 1985 and 1986.
On April 24, 1992, plaintiff brought No. 92-2994, which is now before Judge Haight. That action charges Ulltra and Local 272 with breach of the collective bargaining agreement. It further charges Local 272 with breach of its duty of fair representation. Local 272's motion for summary judgment was granted. Ladson v. Union Local 272, No. 92 Civ. 2994, 1993 WL 405429, (S.D.N.Y. Oct. 1, 1993). Ulltra's motion for summary judgment is pending.
Motion to Dismiss No. 92-4894
In No. 92-4894, plaintiff seeks to recover the difference between the amount paid to him by Ulltra pursuant to the arbitrator's award and the amount plaintiff claims should have been paid. The crux of the dispute is this: The collective bargaining agreement between Local 272 and the MGOA expired on February 6, 1992. Therefore, in paying plaintiff pursuant to the award for vacation benefits for the last four months of the 1991-92 benefit year, Ulltra did not calculate the value of the benefits owed to plaintiff based on the terms of the collective bargaining agreement. Rather, the calculation was based on new, and less favorable, terms and conditions of ...