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United States District Court for the Southern District of New York
August 23, 2007, Decided; August 23, 2007, Filed
06 Civ. 4909 (DC)
[*392] CHIN, D.J.
In this employment discrimination case, plaintiff Darren Lewis, proceeding pro se, sues his former employer, defendant North General Hospital (the "Hospital"), and his former union, defendant 1199SEIU United Health Care Workers East (the "Union"). Lewis contends that the Hospital discriminated and retaliated against him, breached contracts with him, and defamed him. He contends that the Union breached its duty of fair representation by failing to represent him in grievance proceedings and by declining to arbitrate his grievance.
Defendants move for summary judgment. For the reasons that follow, the motion is granted and the complaint is dismissed in all respects.
STATEMENT OF THE CASE.
A. The Facts
For purposes of these motions, the facts are construed in the light most favorable to plaintiff as the party opposing summary judgment, and conflicts [**2] in the evidence have been resolved in his favor.
1. The Parties
Lewis is a gay African American man. (Pl. 4/10/07 Decl. P31; see Pl. H56.1 at 4, 5). 1 He is not Muslim. (Pl. H56.1 at 25). [*393] He has been diagnosed in the past with post traumatic stress disorder, obsessive compulsive disorder, and major depression. (Id. at 2). He received a Masters in Social Work from Columbia. (Id. at 4). He was employed as a social worker by the Hospital from November 29, 2004 until January 18, 2006. (Union 56.1 P1; Pl. U56.1 P1; Pl. Dep. 7). During the period immediately preceding and during his employment at the Hospital, Lewis's legal name was Serh Talmadge Farid Efe. (Union 56.1 P2; Pl. U56.1 P2; see UXs 1, 2, 3; Pl. Dep. 5). On January 20, 2006, Lewis legally reverted to his birth name, Darren Lewis. (Union 56.1 P3; Pl. U56.1 P3; UXs 4, 5).
While employed at the Hospital, Lewis was a member of the Union. (Union 56.1 P4; Pl. U56.1 P4). The Union is a labor organization within the meaning of § 2(5) of the Labor Management Relations Act (the "LMRA"), 29 U.S.C. § 152(5), and it is the certified collective bargaining representative of certain employees of the Hospital, which is an employer covered by the LMRA. (Union 56.1 PP5, 6; Pl. 56.1 PP5, 6). The Hospital is a member of the League of Voluntary Hospitals (the "League"), a multi-employer association, and the Hospital was bound by a collective bargaining agreement (the "CBA") between the League and the Union covering the period of Lewis's employment at the Hospital. [**4] (Union 56.1 PP7-10; Pl. 56.1 PP7-10). The CBA permitted the Hospital to discharge employees for cause. (Union 56.1 P11; Pl. 56.1 P11).
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
502 F. Supp. 2d 390 *; 2007 U.S. Dist. LEXIS 62490 **
DARREN LEWIS, Plaintiff, - against - NORTH GENERAL HOSPITAL and 1199SEIU UNITED HEALTH CARE WORKERS EAST, Defendants.
license, grievance, sexual harassment, terminated, social worker, defamation, fair representation, reasonable jury, sexual, hire, retaliation, arbitrate, severe, e-mail, sexual harassment claim, harassment, breached, circumstances, discriminated, deposition, pervasive, religion, gender, protected class, child molester, allegations, defamatory, brushed, hostile, reasons
Labor & Employment Law, Collective Bargaining & Labor Relations, Duty of Fair Representation, Judicial Review, Torts, Intentional Torts, Defamation, Slander, Discrimination, Actionable Discrimination, Title VII Discrimination, Scope & Definitions, General Overview, Harassment, Sexual Harassment, Hostile Work Environment, Quid Pro Quo, Burdens of Proof, Employee Burdens of Proof, Standards of Proof, Objective & Subjective Standards, Pervasive & Severe Standards, Sexual Harassment, Retaliation, Elements, Statutory Application, Title VII of the Civil Rights Act of 1964, Adverse Employment Actions, Burdens of Proof, Causation, Protected Activities, Business & Corporate Compliance, Labor & Employment Law, Duty to Bargain