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Unit member alleges gender discrimination by her union after it declined to file her gender discrimination grievance against her employer

Unit member alleges gender discrimination by her union after it declined to file her gender discrimination grievance against her employer
Paula D. Casamento V Massachusetts Bay Transportation Authority; Boston Carmen's Union, Local 589, USCA, First Circuit, No. 08-1773, December 16, 2008

The genesis of this lawsuit was Massachusetts Bay Transportation Authority?s (MBTA) posting a notice that a position, Supervisor of Revenue Sales Operations, was to be filled. Casamento and ten other applicants, including another woman, applied for the position. Before anyone was interviewed, MBTA's Director of Revenue informed all the applicants that the posting of the job was rescinded because of budget constraints and because a new automated fare system might affect staffing requirements.

Paula D. Casamento complained to MBTA and her union, Boston Carmen's Union, Local 589, alleging that gender discrimination was the reason underlying the withdrawal of the job posting. She also asked Local 589 to file a gender discrimination grievance on her behalf.

MBTA denied that it had subjected Casamento to unlawful discrimination because of her gender. As to the union, it said that it would not process Casamento?s gender discrimination grievance against MBTA because the job she sought, Supervisor of Revenue Sales Operations, was a management position and not part of Local 589's negotiating unit.

Casamento then filed a charge of gender discrimination against the MBTA with the Massachusetts Commission Against Discrimination. The Commission dismissed the charge, finding no evidence to support it.

Casamento also filed allegations of gender discrimination against both the MBTA and Local 589 with the Equal Employment Opportunity Commission. EEOC granted her the right to sue letter underlying this litigation.

A federal district court judge granted the Authority?s and the Local?s motions for summary judgment, finding no evidence of gender discrimination. The Circuit Court of Appeals affirmed the district court?s ruling.

With respect to Casamento?s allegations concerning Local 589, the Circuit Court said that ?In addition to its proscription against gender discrimination by employers, Title VII renders it unlawful for "a labor organization . . . to discriminate against any individual because of . . . sex." Further, citing Beck v. United Food & Comm. Workers Union, Local 99, 506 F.3d 874, the court said that a union will be found to have violated Title VII when "it deliberately declines to pursue a member's claim because of the member's gender.

In this instance, however, the Circuit Court said that there was no evidence of gender discrimination by Local 589. The union explained its refusal to pursue a grievance on behalf of Casamento, giving colorable reasons entirely unrelated to the fact that she is a woman. As to the granting of the Local?s motion for summary judgment, the Circuit Court of Appeals explained that ?No court could send such a case to trial because there was nothing to be tried.

The full text of the decision is posted on the Internet at:

http://www.ca1.uscourts.gov/

Full post as published by New York Public Personnel Law on January 09, 2009 (boomark / email).