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Luna v. North Babylon Teacher's Org.

United States District Court, E.D. New York

April 7, 2014

ELIZABETH LUNA, Plaintiff,
v.
NORTH BABYLON TEACHER'S ORGANIZATION and SELINA DURIO, Defendants

Page 397

For Plaintiff: Eric S. Tilton, Esq., of Counsel, Eric S. Tilton, P.L.L.C., Babylon, NY.

For Defendants: Steven A. Friedman, Esq., of Counsel, New York State United Teachers Office of General Counsel, Richard E. Casagrande, New York, NY.

Page 398

MEMORANDUM OF DECISION AND ORDER

ARTHUR D. SPATT, United States District Judge.

On November 14, 2013, the Plaintiff Elizabeth Luna (the " Plaintiff" ) commenced this action, alleging violations of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et. seq (" Title VII" ) and New York State Human Rights Law, New York Executive Law § § 290, et seq.

Page 399

(" NYSHRL" ) arising from the termination of her employment as Election Chair for the Defendant North Babylon Teachers Organization (the " Union" ). Also named as a Defendant is the Union's President, Selina Durio (" Durio" ).

On February 6, 2014, the Union and Durio (collectively the " Defendants" ) moved pursuant to Federal Rule of Civil Procedure (" Fed. R. Civ. P." ) 12(b)(6) to dismiss the complaint for failure to state a claim upon which relief can be granted. For the reasons set forth, the motion is granted in part and denied in part.

I. BACKGROUND

Unless stated otherwise, the following facts are drawn from the complaint and construed in a light most favorable to the Plaintiff.

The Plaintiff is employed as a teacher in the North Babylon School District. As such, the Plaintiff is a member of the Union, the recognized exclusive bargaining agent for more than 650 district employees.

Beginning in 2006, the Plaintiff served as an Election Representative for the Union.

Beginning in 2009, the Plaintiff served, in an unpaid capacity, as the District-wide Election Chairperson for the Union. The Plaintiff's duties as the Election Chair were to coordinate and carry out the Union's internal elections which were held in the spring of each year.

Also, beginning in 2009, the Plaintiff served as the Union's Political Action Chair, along with her husband, Kenneth Luna. This position was a paid position that offered the Plaintiff and her husband a stipend of $800 per year.

In December 2011, the Plaintiff's husband, also a member of the Union, informed Durio that the Plaintiff was pregnant and that her ...


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