United States District Court, S.D. New York
Decide January 27, 2014
[Copyrighted Material Omitted]
Becir Cosaj, Plaintiff, Pro se.
For Seljim Nikci, Plaintiff: Neal Eugene Wiesner, LEAD ATTORNEY, Neal Wiesner, Attorney at Law, Staten Island, NY.
For Quality Building Services, Defendant: Jennifer Marie Marrinan, Clifton Budd & DeMaria, LLP, New York, NY.
For Service Employees Int'l Union Local 32BJ, Defendant: Lyle Douglas Rowen, LEAD ATTORNEY, Service Employees International Union, Local 32BJ, New York, NY.
OPINION AND ORDER
John G. Koeltl, United States District Judge.
The plaintiff, Seljim Nikci (" Nikci" ), brings this action against defendants Service Employees International Union Local Union 32BJ (" Local 32BJ" ) and QBS Building Services (" QBS" ), (collectively " the defendants" ). The dispute concerns disciplinary action taken by QBS against Nikci after Nikci allegedly misrepresented whether he had witnessed an altercation that occurred between a QBS employee and a QBS supervisor. Nikci challenged the disciplinary action in proceedings brought pursuant to the applicable collective bargaining agreement, and Local 32BJ represented Nikci in those grievance proceedings. Nikci alleges that, in the course of representing him, Local 32BJ breached the duty of fair representation that courts have derived from Section 9(a) of the National Labor Relations Act, 29 U.S.C. § 159(a). Further, Nikci alleges that QBS breached its obligations under the operative collective bargaining agreement by terminating him without cause and by coercing him into signing a settlement agreement (the " Settlement Agreement" ) in violation of Section 301(c) of the Labor Management Relations Act of 1947, 29 U.S.C. § 185.
Defendants Local 32BJ and QBS move pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss Nikci's claims. Because this action arises under the Labor Management Relations Act, this Court has jurisdiction pursuant to 29 U.S.C. § 185(a) and 28 U.S.C. § 1331. For the reasons explained below, the Amended Complaint fails to state a claim that Local 32BJ breached its duty of fair representation or that QBS breached any obligations under the collective bargaining agreement. Accordingly, the defendants' motions to dismiss are granted.
In deciding a motion to dismiss pursuant to Rule 12(b)(6), the allegations in the complaint are accepted as true, and all reasonable inferences must be drawn in the plaintiffs' favor. McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 191 (2d Cir. 2007). The Court's function on a motion to dismiss is " not to weigh the evidence that might be presented at a trial but merely to determine whether the complaint itself is legally sufficient." Goldman v. Belden, 754 F.2d 1059, 1067 (2d Cir. 1985). A complaint should not be dismissed if the plaintiff has stated " enough facts to state a claim to relief that is plausible on its face." Bell A. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). " A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the 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). While factual allegations should be construed in the light most favorable to the plaintiffs, " the tenet that a court must accept as true all of the allegations contained
in a complaint is inapplicable to legal conclusions." Id.
When presented with a motion to dismiss pursuant to Rule 12(b)(6), the Court may consider documents that are referenced in the complaint, documents that the plaintiff relied on in bringing suit and that are either in the plaintiff's possession or that the plaintiff knew of when bringing suit, or matters of which judicial notice may be taken. See Taylor v. Vt. Dep't of Educ., 313 F.3d 768, 776 (2d Cir. 2002); Chambers v. Time Warner, Inc., 282 F.3d 147, 153 (2d Cir. 2000); see also Wilson v. Am Postal Workers Union, AFL-CIO, No. 11 Civ. 3097, 2012 WL 3822565, at *1 (S.D.N.Y. Sept. 4, 2012).
The following facts are accepted as true for purposes of this motion, unless otherwise indicated.
Defendant QBS provides cleaning and maintenance services to commercial buildings in the New York metropolitan area. (First Amended Complaint (" FAC" ) at ¶ 4.) Defendant Local 32BJ is a labor union that represents workers who provide cleaning and maintenance services. (FAC ¶ 5.) Nikci was at all times relevant to this action both an employee of QBS and a member of Local 32BJ. (FAC ¶ 6.) He began providing cleaning and maintenance services at 444 Madison Avenue in 1997 and later became the Shop Steward for all Local 32BJ members ...