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Federal court does not have jurisdiction in cases involving public sector unions

By Harvey Randall, Esq.

Federal court does not have jurisdiction in cases involving public sector unions
Baumgart v Stony Brook Children?s Services, CA2, 2007 U.S. App. LEXIS 23301

The Second Circuit affirmed a federal district court?s dismissal of a lawsuit brought by members of the faculty of the State University of New York at Stony Brook alleging the failure of their union?s duty of fair representation.

Physicians on the faculty of State University of New York at Stony Brook School of Medicine also worked as clinicians at the Stony Brook University Hospital. Their income as clinicians is managed and distributed by the Stony Brook Clinical Practice Management Plan (CPMP)

The faculty members allege mismanagement and shortchanging by the CPMP. They filed a lawsuit, alleging a violation of the federal Labor Management Relations Act [LMRA], 29 U.S.C. §185, against United University Professions (UUP) and various SUNY and CPMP entities and officers.

The District Court dismissed their petition ?for lack of subject matter jurisdiction.?

The Second Circuit affirmed the lower court?s ruling, holding that LMRA does not confer federal jurisdiction over labor disputes among states, their employees, and the unions representing such employees, noting that the definition of employer set out in the LMRA excludes entities that are either a ?State or political subdivision thereof.?

As professors at SUNY Stony Brook, these clinicians are employees of the State and are in the State?s ?University Professional Services Negotiating Unit,? which negotiating unit is represented by UUP.

Accordingly, the federal courts, said the Circuit Court, do not have jurisdiction under the LMRA to consider their claims alleging UUP failed in its duty of fair representation.

For the full text of this opinion go to:

http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcU1VNXDA2LTM2MzgtY3Zfc28ucGRm/06-3638-cv_so.pdf

Full post as published by New York Public Personnel Law on May 05, 2008 (boomark / email).