United States District Court, W.D. New York
For Christopher Camelio, Plaintiff: R. Scott DeLuca, LEAD ATTORNEY, Schrader, Israely, DeLuca LLP, Getzville, NY.
For International Brotherhood of Teamsters, Defendant: Michael T. Manley, LEAD ATTORNEY, International Brotherhood of Teamsters, Legal Department, Washington, DC; Robert L. Boreanaz, LEAD ATTORNEY, Lipsitz Green Scime Cambria LLP, Buffalo, NY.
For International Brotherhood of Teamsters-Local Union No. 118, Defendant: Robert L. Boreanaz, LEAD ATTORNEY, Lipsitz Green Scime Cambria LLP, Buffalo, NY.
For Wegmans Food Markets, Inc., Defendant: Michael Hausknecht, LEAD ATTORNEY, Nixon Peabody LLP, Rochester, NY.
DECISION AND ORDER
DAVID G. LARIMER, United States District Judge.
Plaintiff Christopher Camelio (" Camelio" ), is an employee of Wegmans Food Markets (" Wegmans" ) and a member of the International Brotherhood of Teamsters (the " International" ), a labor organization, and its local chapter, International Brotherhood of Teamsters -- Local Union No. 118 (the " Local" ). Camelio brings the instant case against Wegmans, the International and the Local, alleging that the International and the Local failed to provide him with fair representation, and that Wegmans and the International and/or Local engaged in collusion, violated a collective bargaining agreement and improperly exchanged a thing of value in violation of Sections 301 and 302 of the Labor Relations Management Act (" LMRA" ), 29 U.S.C. § 186.
The Local (Dkt. #14) and International (Dkt. #12) (collectively " the union defendants" ) each moved to dismiss the complaint pursuant to Fed. R. Civ. Proc. 12(b)(6) for failure to state a claim, after which Camelio filed an amended complaint. All three defendants now move to dismiss the amended complaint (Dkt. #31, #32, #38). For the reasons that follow, the defendants' motions to dismiss are granted, and the amended complaint is dismissed.
Familiarity with the lengthy and intricate factual history recited by plaintiff in the amended complaint, and summarized here, is presumed. Plaintiff, a Wegmans employee, is a member and steward of the Local (itself an affiliate of the International). Plaintiff's allegations primarily concern conduct by Local member and former
Secretary-Treasurer for the Local, Christopher Toole (" Toole" ). Toole was removed from office in or about April 2012, when the International was notified of internal conflicts within the Local's leadership which were hampering its operation, placed the Local in trusteeship, removed all of its officers and appointed Ed Keyser to serve as trustee and John Schmitt (" Schmitt" ) as assistant trustee.
Plaintiff's amended complaint alleges that the defendants violated the duty of fair representation in two ways: (1) Toole, while employed as a business agent for the Local -- albeit while unauthorized to negotiate with Wegmans -- shared unspecified information concerning the Local's strategies concerning grievances and/or collective bargaining, with Wegmans labor relations representative Trish Vantucci (" Vantucci" ); and (2) when made aware that Toole was accused of such conduct, assistant trustee Schmitt failed to adequately investigate Toole's activities or take action against him. Plaintiff also alleges that Wegmans and the Local violated LMRA Section 301 by engaging in collusion ...