Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hunt v. Pritchard Industries

July 3, 2007

SOLOMON HUNT, PLAINTIFF,
v.
PRITCHARD INDUSTRIES, INC., DEFENDANT.
SOLOMON HUNT, PLAINTIFF,
v.
32BJ, DEFENDANT.



The opinion of the court was delivered by: Andrew J. Peck, United States Magistrate Judge

REPORT AND RECOMMENDATION

OPINION AND ORDER

To the Honorable Jed S. Rakoff, United States District Judge

Pro se plaintiff Solomon Hunt brought separate actions against his employer, defendant Pritchard Industries, Inc. ("Pritchard"), and his union, defendant Local 32BJ, asserting claims under Title VII, 42 U.S.C. §§ 2000e - 2000e-17, and the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12112 - 12117. (07 Civ. 0747, Dkt. No. 2: Employer Compl. at 1; 07 Civ. 1382, Dkt. No. 2: Union Compl. at 1.)

The parties in Hunt's case against Pritchard consented to disposition of this action by a Magistrate Judge pursuant to 28 U.S.C. § 636(c). (07 Civ. 0747, Dkt. Nos. 11, 14.)

Presently before the Court are defendant Pritchard's motion to dismiss and to compel arbitration (07 Civ. 0747, Dkt. Nos. 12-13), and defendant Local 32BJ's motion to dismiss (07 Civ. 1382, Dkt. Nos. 6-7, 11).*fn1 For the reasons set forth below, the Court DENIES Pritchard's motion to dismiss and to compel arbitration. The Court should GRANT Local 32BJ's motion to dismiss Hunt's Title VII and ADA claims, but should maintain Hunt's implicit hybrid section 301/fair representation claim against both Pritchard and Local 32BJ. Additionally, the Court should consolidate these two actions for all purposes.

FACTS

Hunt's Claims Against Pritchard

On December 7, 2006 (docketed as of January 31, 2007), Hunt filed a complaint against his employer, Pritchard, alleging race and disability discrimination. (07 Civ. 0747, Dkt. No. 2: Employer Compl. at 1, 3 ¶ 7.) Hunt claimed that Pritchard failed to promote him, failed to accommodate his disability, retaliated against him, and treated him unequally in the terms and conditions of his employment. (Employer Compl. ¶ 4.) Hunt, who is black, alleged that Pritchard refused to promote him and gave jobs instead to less senior white or Hispanic employees. (Employer Compl. ¶ 8.) Hunt claimed that his supervisor called him the "N" word. (Employer Compl. ¶ 8.)

Hunt stated that in 2003, a new supervisor started at the company and harassed him. (Employer Compl. ¶ 8.) Hunt also claimed that he has been sexually harassed on the job, but did not give any details relating to such harassment. (Employer Compl. ¶ 8.)

Hunt also claimed that he is disabled as a result of being injured on the job and that he now has "non-allopathic lesions [in his] lumbar region." (Employer Compl. ¶¶ 7, 8.) Hunt alleged that people at Pritchard refuse to help him lifting heavy garbage and follow him around and threaten his life. (Employer Compl. ¶ 8.) Hunt attached a medical record to the complaint, which indicates that on February 4, 2005, he suffered an injury to his low back while lifting heavy boxes at work. (Employer Compl. Ex.) Hunt was diagnosed with a "[l]umbosacral sprain/strain [with] possible lumbar radiculopathy." (Employer Compl. Ex.) The medical report concluded that Hunt has "a moderate partial disability" and that Hunt's restrictions in his ability to work included that he should not sit longer than fifteen minutes without a break, he should not lift more than ten pounds, he should not walk for more than ten minutes at a time, and that he should not push, pull or climb. (Employer Compl. Ex.)

Hunt stated that the alleged discriminatory acts occurred in May 2005 and are ongoing. (Employer Compl. ¶¶ 5-6.)

Hunt received a right-to-sue letter from the EEOC dated November 27, 2006. (Employer Compl. Ex.)

Hunt's Claims Against Local 32BJ

Also on December 7, 2006 (docket as of February 26, 2007), Hunt filed a complaint against his union, Local 32BJ of the Service Employees International Union ("SEIU"), alleging race and disability discrimination. (07 Civ. 1382, Dkt. No. 2: Union Compl. at 1, 3 ¶ 7.) Hunt alleged that Local 32BJ failed to promote him, failed to accommodate his disability, retaliated against him, and treated him unequally in the terms and conditions of his employment. (Union Compl. ¶ 4.) Hunt claimed that Local 32BJ does not help him. (Union Compl. ¶ 8.) Hunt stated that when Pritchard failed to promote him and instead gave jobs to white or Hispanic employees, Local 32BJ did "nothing." (Union Compl. ¶ 8.) Hunt alleged that Local 32BJ refused to file his sexual harassment complaint. (Union Compl. ¶ 8.) Hunt stated that he told his union delegate, Frank Booth, that his supervisor called him the "N" word, and that other employees harassed him and threatened his life, but Booth just told him "to deal with it." (Union Compl. ¶ 8.) Hunt claimed that the union helps white and Hispanic workers, but not black workers. (Union Compl. ¶ 8.)

On April 20, 2004, Hunt complained to Local 32BJ that Pritchard was giving him an excessive workload. (Union Compl. Ex., 4/20/04.) The union's response was to recommend "relief from [the] excessive workload." (Id.)

On May 24, 2005, Hunt complained to Local 32BJ that Hunt "is being continuously harassed by the supervisor. There is a lot of favoritism in the building; where there is an open position and [Hunt] requests it the supervisor denies it. [Hunt] is not being [paid] the correct hours when he works overtime. [Hunt] called [in] sick on 1/7/05 and 1/11/05 and [when] he returned to work he received two warning letters." (Union Compl. Ex., 5/24/05.) The union recommended that Pritchard "[c]ite the supervisor for harassment and discrimination and make member whole. Remove the two warning letter[s] from member's record." (Id.)

On October 25, 2006, Hunt complained to Local 32BJ that Hunt was "unable to work due to his medical con[d]ition." (Union Compl. Ex., 10/25/06.) The union's response was to recommend "[t]ermination pay based on his time of service and any accrued vacation pay owed." (Id.)

Hunt stated that Local 32BJ's alleged discriminatory acts occurred in May 2005 and are ongoing. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.