Alvarado v. Local 1549—N.Y.C. Clerical Administrative Employees, et al.

Summary

The New York Appellate Division, First Department, unanimously affirmed dismissal of Oscar Alvarado's claims for unpaid severance pay against his union employer and related defendants. The court held that New York Labor Law § 198-c provides no private right of action and is preempted by ERISA, and that the contract and quasi-contract claims were barred because the plaintiff did not satisfy the pleading requirements applicable to suits against unincorporated associations.

Holdings

1. New York Labor Law § 198-c does not create a private right of action, so plaintiff's claim under that provision was properly dismissed.
2. In any event, plaintiff's claim under Labor Law § 198-c was preempted by ERISA.
3. Plaintiff's contract and quasi-contract claims were properly dismissed because he failed to plead that the entire membership of the unincorporated associations authorized and later ratified the defendants' actions.
4. Plaintiff's contract and quasi-contract claims against his union employer did not fall within the narrow exception to the Martin rule for suits by union members against a union arising from wrongful expulsion.

Questions Presented

1. Whether New York Labor Law § 198-c provides plaintiff with a private right of action for unpaid severance pay.
2. Whether plaintiff's Labor Law § 198-c claim is preempted by ERISA.
3. Whether plaintiff adequately pleaded contract and quasi-contract claims against union defendants that were unincorporated associations.
4. Whether plaintiff's claims fell within the narrow exception to the Martin rule for suits by union members against unions arising from wrongful expulsion.

Disposition

affirmed