Challenging the results of a union election of its officers

Citing Palladino v CNY Centro, Inc., 23 NY3d 140, the Appellate Division noted that "the law is well settled" that suits for breaches of agreements or for tortious wrongs against officers of unincorporated associations, including unions, are limited to situations in which "the individual liability of every single member can be alleged and proven".

The court then sustained Supreme Court's granting Local 461, District Council 37's motion to dismiss the Plaintiffs' amended petition seeking to annul a 2021 election of the Local's officers and that the court direct that new elections be conducted.

The Appellate Division explained that the Plaintiffs' petition, which interposed claims alleging breach of contract and violation of the common law of elections in New York, failed to plead "that each individual union member authorized or ratified the [allegedly] unlawful actions," citing Charter Communications, Inc. v Local Union No. 3, 166 AD3d 468.

Click HEREto access the Appellate Division's ruling.

 

Failure to allege any adverse employment action fatal to unlawful age discrimination complaint

Citing Forrest v Jewish Guild for the Blind, 3 NY3d 295, the Appellate Division held that Supreme Court properly dismissed Plaintiff's age discrimination claim brought pursuant to the New York State Human Rights Law [Executive Law §296] because Plaintiff "failed to allege an adverse employment action." The court noted that investigations into various alleged acts of misconduct by Plaintiff and Plaintiff's reassignments to other work locations "did not rise to the level of actionable adverse employment actions."

Further, the Appellate Division opined that nothing in Plaintiff's complaint indicated that his suspension and placement on modified duty were for any reason other than disciplinary actions taken after his arrest for domestic violence.

With respect to Plaintiff's discrimination claim under the New York City Human Rights Law [Administrative Code of City of NY §8-107], the court held that the conduct of which Plaintiff complained amounted to no more than "petty slights and trivial inconveniences" and an alleged stray remark by an employee of the Employer that Plaintiff was "old enough to retire" did not, without more, give rise to an inference of  bias because of Plaintiff's age.

Finally, as Plaintiff failed to allege discriminatory animus, the Appellate Division concluded that his hostile work environment claims were properly dismissed by Supreme Court, as was his claim of retaliation, as his general complaints of mistreatment and harassment did not convey that Plaintiff had complained of unlawful discrimination.

Click HEREto access the text of the Appellate Division's decision.

Government Technology Webinars for the week of October 17, 2022

New! Lightning Webinar! Tuesday, October 18, 2022 | 12:00pm Eastern

The Lightning Round: What is Zero Trust?

In The Lightning Round, a new webinar series from Government Technology [WT], WT is explaining emerging concepts and demystifying gov tech one buzzword at a time. If you’ve got 15 minutes, WT will get you up to speed on a key concept in public sector IT. This time, WT is taking on Zero-Trust security – what it is, where it’s headed and what it means for your organization.

Register to attend

 

Tuesday, October 18, 2022 | 1:00pm Eastern

Managing Cyber Risks: Exploring Cybersecurity as a Managed Service

More and more governments are turning to a managed services model for cybersecurity. But in what cases does cybersecurity-as-a-service make sense? When is it a bad idea? Who’s liable when a breach occurs? What questions should you ask before partnering with a cybersecurity service provider? Join WTfor a valuable webcast tackling these questions and many more.

Register to attend

 

Tuesday, October 18, 2022 | 2:00pm Eastern

Frictionless Airport Experiences with Virtual Queue Technology

One of the most frustrating aspects of air travel is getting stuck in a long, snaking security line. With virtual queuing software, however, passengers can reserve a spot in line ahead of time and then breeze through when it’s their turn. Cities across the U.S. (and the world) are beginning to implement smart queuing technology at airports to improve the passenger experience and make air travel easier, safer, smoother – and a lot less frustrating. Join WT for a 30-minute webinar on virtual queuing – and how cities are putting it to use.

Register to attend

 

Wednesday, October 19, 2022 | 1:00pm Eastern

Centering Constituent Concerns with an Environmental, Social and Governance Framework

When people think about improving their communities and addressing the major issues that impact daily life, they look to governments – not corporations or individuals – as the institutions responsible for meeting that mission. Cementing an Environmental, Social, and Governance (ESG) framework into government processes can help agencies standardize the tracking of sustainability metrics and deliver services that exceed public expectations. Join WT for part one of a two-part discussion on how an ESG framework can help organizations build positive and long-lasting relationships with constituents.

 

Wednesday, October 19, 2022 | 1:00pm Eastern

Centering Constituent Concerns with an Environmental, Social and Governance Framework

When people think about improving their communities and addressing the major issues that impact daily life, they look to governments – not corporations or individuals – as the institutions responsible for meeting that mission. Cementing an Environmental, Social, and Governance (ESG) framework into government processes can help agencies standardize the tracking of sustainability metrics and deliver services that exceed public expectations. Join WT for part one of a two-part discussion on how an ESG framework can help organizations build positive and long-lasting relationships with constituents.

Register to attend

 

Friday, October 21, 2022 | 2:00pm Eastern

Accelerating Improvements in the Constituent Experience with APIs

Seamless user experiences are important to constituents. An Application Programming Interface (API) can help governments bring any service or transaction online in one easy-to-use interface, improving user experiences. Learn how agencies can use APIs to deliver a payment solution for every constituent during WT's webinar.

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Sneak Peek at Next Week’s Webinars:

Halloween Special: Register and attend any of these webinars next week to be entered for a chance to win one of five $50 Amazon gift cards!

The Power of Procurement: Smarter Strategies for Controlling Your Spend

Think Like a Hacker: Defend Your Organization Against Ransomware-as-a-Service Attacks

Improving Equity in Public Infrastructure

What is an ESG Framework and How Does It Apply to Governments?

Modernizing Your Network in the Age of Zero Trust 

 

To view upcoming and on-demand webinars, visit webinars.govtech.com.

For assistance with registration, contact:
Jeremy Smith, jsmith@erepublic.com (916) 932-1402 direct