The opinion of the court was delivered by: Wexler, District Judge.
Plaintiff Daniel J. Ciambriello ("Plaintiff") commenced this
civil rights case alleging that a change in the terms of his
employment with Nassau County Department of Public Works was
made in violation of his constitutionally protected right to
procedural due process. Presently before the court is
defendants' motion pursuant to Rule 12(b)(6) of the Federal
Rules of Civil Procedure to dismiss the complaint. For the
reasons set forth below, the court dismisses Plaintiffs federal
claims. The court declines to exercise its discretion to
consider the remaining state law claims.
A. Plaintif.'s Employment
Plaintiff began his employment with the Nassau County
Department of Public Works ("DPW") in November of 1992. At that
time, he held the position of Equipment Operator I ("EO-I").
Plaintiff held the EO-I position continuously between November
30, 1992 and August 28, 1997. On August 29, 1997, Plaintiff was
promoted to the position of Plant Maintenance Mechanic II
("PMM-II"). Plaintiff held the PMM-II position until March 10,
2000. The court assumes, for the purposes of this motion, that
Plaintiff performed all duties in both positions in a competent
At all relevant times, the terms and conditions of Plaintiffs
employment were governed by the New York State Civil Service Law
as well as by the terms of a collective bargaining agreement
(the "CBA") entered into between Plaintiffs collective
bargaining unit and the County of Nassau (the "County").
Relevant here is that portion of the Civil Service Law
prohibiting the demotion or termination of covered employees in
the absence of a finding of incompetency or misconduct, shown
after a hearing. See N.Y.Civil Serv.L. § 75(1) ("Section 75").
Equally relevant are the terms of the CBA. Specifically, that
section of the CBA requiring that seniority, inter alia, be
considered when promotions are made.
As noted above, Plaintiff was promoted to the position of
PMM-II in August of 1997. The court assumes that prior to his
March 2000 demotion, Plaintiffs appointment to the PMM-II
position became permanent, within the meaning of the Civil
Service Law and thus, entitled Plaintiff to the job protection
set forth in Section 75 of the Civil Service Law.
B. The Grievance and Arbitration Resulting, in Plaintiff's
Some time after Plaintiffs promotion, Plaintiffs union
commenced a grievance on behalf of four DPW employees with
greater seniority than Plaintiff. The grievance argued that
Plaintiffs promotion violated the seniority provision of the
CBA. Plaintiff was not given notice of the proceeding nor was he
invited to participate in the grievance procedure. The grievance
resulted in an arbitration and award that was later confirmed by
the Supreme Court of the State of New York.
The arbitrator's award, dated February 1, 1999, rendered after
a hearing held in January of 1999, sustained the grievance. The
award states that when the County failed to consider the
employees on behalf of whom the grievance was filed, it failed
to follow the contractually required provisions regarding the
position of PMM-II and thus, violated the CBA. The arbitrator
held that the position held by Plaintiff should be vacated.
Thereafter, when filling the position the County was to consider
the four grievants. The arbitration award was confirmed by the
Supreme Court of the State of New York in a decision dated
December 10, 1999. In accordance with the award Plaintiff was
ordered to vacate the PMM-II position and was returned to his
previously held position of EO-I. The PMM-II position is now
held by Ron Roeill, a defendant herein and one of the parties to
II. Plaintiff's Complaint