The opinion of the court was delivered by: Sifton, Chief Judge.
Plaintiff, Sean Campbell, sues International Brotherhood of
Teamsters ("IBT") for violations of Title VII of the Civil Rights
Act of 1964, 42 U.S.C. § 2000 et seq. ("Title VII") and
related state laws. Specifically, Campbell alleges that he was
subjected to discrimination on account of his race while employed
by International Brotherhood of Teamsters Local Union 918 ("Local
918"). Presently before the Court is defendant's motion to
dismiss the complaint for lack of jurisdiction and failure to
state a claim pursuant to Federal Rules of Civil Procedure
12(b)(1) and (6). For the reasons set forth below, defendant's
motion is granted.
The following facts are taken from the amended complaint and
accepted as true for the purposes of this motion.
Plaintiff is an African-American man who resides at 185-07
Hilburn Avenue, St. Albans, New York. Defendant IBT is an
umbrella labor organization and unincorporated association
located at 25 Louisiana Avenue, N.W. Washington, D.C.
On October 2, 1997, the president of IBT, Ronald Carey,
appointed Eugene Maney as trustee and Thomas Feeley as assistant
trustee of Local 918. Local 918 is an unincorporated association,
separate from IBT, which organizes certain types of employees in
Brooklyn. The office of Local 918 is located at 2137-2147 Utica
Avenue, Brooklyn, NY. While paid by IBT, Maney and Feeley worked
at the offices of Local 918.
On October 6, 1997, Maney hired plaintiff as a business agent
for Local 918. As a business agent, plaintiff's job
responsibilities included visiting work sites, meeting with union
members and answering their questions, organizing new members,
handling employee grievances and arbitrations, assisting with the
negotiation of collective bargaining agreements, and opening and
closing the office. Plaintiff was paid by Local 918.
At some point in October 1997, plaintiff complained to Maney
about Feeley's discrimination against him. In response to
plaintiff's complaints, Maney told plaintiff to tell Feeley "`to
go fuck himself.'" Am. Compl. at ¶ 14. Maney offered no more
assistance for the plaintiff.
In January 1998, a car belonging to one of Local 918's business
agents broke down. Plaintiff suggested that the business agent
use plaintiff's car while plaintiff borrowed a vehicle from Local
918. In response to plaintiff's suggestion, Maney called
plaintiff a "`fucking moron.'" Am. Compl. at ¶ 15. The next
morning, plaintiff complained of this discriminatory treatment to
Maney and Feeley. Maney did not remember making the comment and
Feeley did not take any action in response to plaintiff's
Plaintiff contemplated quitting his job due to the stress he
felt over Feeley's treatment of him. Plaintiff's co-workers
encouraged him to stay because "they believed that [plaintiff's
resignation] was exactly what Feeley wanted: plaintiff to quit
his job so that he could hire a white replacement." Am. Compl. at
Later in January 1998, a recently fired shop steward who was a
member of Local 918 arrived at the Local 918 office to consult
with plaintiff and Feeley. During the meeting Feeley told
plaintiff to move Feeley's car. Plaintiff asked the visiting
union member to help plaintiff by moving Feeley's car. At that
point, Feeley raced out of the office and, in front of the union
member and numerous bystanders, yelled: "`are you stupid, or
crazy and what in the f-k is the matter with you!'" Am. Compl. at
After the incident, plaintiff again complained to Maney about
Feeley's discriminatory treatment. Plaintiff pointed out again
that Didier was not treated in the same manner. Maney assured
plaintiff that he would speak to Feeley about the situation. At
that meeting, plaintiff requested a transfer to another local
union office within Maney's jurisdiction as trustee. Maney
responded that plaintiff could not be transferred until the
completion of a reorganization of IBT's local union offices.
Around March 1998, a position became available at International
Brotherhood of Teamsters Local Union 1034, a local union within
Maney's jurisdiction as trustee. Despite plaintiff's prior
request for a transfer, plaintiff was not transferred, and the
job went to a white male named Bill Ahearn.
"To make amends for not transferring plaintiff to the Local
1034 position," Maney promised that plaintiff could enroll in
labor education classes at Cornell University. Am. Compl. at
¶ 20. Two days before the classes were to begin, however,
Maney advised plaintiff that ...