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Walsh v. International Brotherhood of Electrical Workders (I.B.E.W.) Local 503

United States District Court, S.D. New York

October 7, 2014

TIMOTHY WALSH and JAMES WORDEN, Plaintiffs,
v.
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (I.B.E.W.) LOCAL 503, BRIAN SCOTT, SCOTT JENSEN, ROBERT DECKER, BRIAN MCPARTLAND, PATRICK GREAVEN, MICHAEL HLAVEC, and JOHN DOES 1-5, who are individual representatives of International Brotherhood of Electrical Workers (I.B.E.W.) Local 503, who participated in the negotiation of certain collective bargaining agreements for the members of International Brotherhood of Electrical Workers (I.B.E.W.) Local 503, including the plaintiffs herein, Defendants

For Timothy Walsh, James Worden, Plaintiffs: Donald John Lambiase, George A. Smith, Murphy & Lambiase, Goshen, NY.

For International Brotherhood of Electrical Workers (I.B.E.W.) Local 503, Brian Scott, Scott Jensen, Robert Decker, Brian McPartland, Patrick Greaven, Michael Hlavec, John Does 1-5, who are Individual Representatives of International Brotherhood of Electrical Workers (I.B.E.W.) Local 505, who Participated in the Negotiation of Certain Collective Bargaining Agreements for the Members of International Brotherhood of Electrical Workers, Defendants: Adam Paul Cohen, Vincent Francis O'Hara, Holm & O'hara LLP, New York, NY.

Page 301

MEMORANDUM DECISION

Vincent L. Briccetti, United States District Judge.

Plaintiffs Timothy Walsh and James Worden bring this action against defendants International Brotherhood of Electrical Workers (I.B.E.W.) Local 503 (" Local 503" ), Brian Scott, Scott Jensen, Robert Decker, Brian McPartland, Patrick Greaven, and Michael Hlavec, asserting claims for breach of fiduciary duty, fraudulent misrepresentation, and negligence. This case was removed from Supreme Court, Orange County, on March 11, 2014.

Now pending is plaintiffs' motion to remand the case to state court. (Doc. #8).

For the following reasons, the motion is DENIED.

The Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331.

BACKGROUND

In considering the motion to remand, the Court accepts as true all relevant allegations in the complaint and construes all factual ambiguities in favor of plaintiffs. See Fed. Ins. Co. v. Tyco Int'l Ltd., 422 F.Supp.2d 357, 391 (S.D.N.Y. 2006).

Plaintiffs are members of Local 503 and are employed as " operations and/or maintenance employees" at an electrical power plant in Rockland County. They allege defendants misrepresented the terms of, and/or otherwise misinformed them about, a proposed collective bargaining agreement (" CBA" ), and thereby breached fiduciary duties owed to plaintiffs, made fraudulent misrepresentations to plaintiffs, and acted negligently in their representation of the membership during negotiation of the CBA.

Specifically, plaintiffs allege defendants " misrepresent[ed] material facts to the membership concerning the progress and results of negotiations" (Compl. ¶ 16); misrepresented to the membership that the members' retirement health benefits and their " right to retire upon the accumulation of [eighty-five] points" [1] would be preserved under the CBA (id. ¶ 19); and acted negligently in negotiating the CBA by, among other things, " failing to accurately report progress and results of negotiation to the membership" and " negotiating away rights that had previously been secured." (Id. ¶ 27).

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