Roy v. Buffalo Philharmonic Ochestra Society, Inc.

161 F. Supp. 3d 187, 2016 U.S. Dist. LEXIS 15772, 2016 WL 492706
CourtDistrict Court, W.D. New York
DecidedFebruary 9, 2016
Docket15-CV-0283
StatusPublished
Cited by1 cases

This text of 161 F. Supp. 3d 187 (Roy v. Buffalo Philharmonic Ochestra Society, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roy v. Buffalo Philharmonic Ochestra Society, Inc., 161 F. Supp. 3d 187, 2016 U.S. Dist. LEXIS 15772, 2016 WL 492706 (W.D.N.Y. 2016).

Opinion

DECISION AND ORDER

HONORABLE MICHAEL A. TELESCA, UNITED STATES DISTRICT JUDGE

I. INTRODUCTION

Plaintiff Pierre Roy (“Roy”) commenced this proceeding in New York State Supreme Court pursuant to New York Civil Practice Law and Rules (“CPLR”) section 7511, seeking to vacate the Decision and Award of Arbitrator Robert J. Rabin, Esq. (“Rabin” or “Arbitrator Rabin”), dated December 1, 2014 (“the Arbitration Decision”). Docket No. 1-2. The proceeding was removed to this Court under its federal question provision pursuant to Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (“LMRA”). The Arbitration Decision was rendered in an arbitration proceeding initiated by Roy’s exclusive bargaining representative, Musicians Association of Buffalo, New York, Local No. 92, American Federation of Musicians of the United States and Canada (“the Union”) under a collective bargaining agreement between the Union and the Buffalo Philharmonic Orchestra Society, Inc. (“the BPO”), Roy’s employer. Docket Nos. 1, 2, 4. Both the Union and the BPO are named defendants in this action. In the Arbitration Decision, Rabin upheld two warning letters given to Roy as well as his termination from the BPO for just cause. Docket No. 8-1.

Roy’s Motion to Vacate the Arbitration Award contends that Arbitrator Rabin failed to admit pertinent evidence, failed to evaluate and analyze the evidence proffered by Roy, failed to arrive at a rational and reasoned conclusion consistent with the evidence, and made findings beyond the scope of his contractual authority to adjudicate. Docket No. 8, ¶ 43. Roy further asserts that Arbitrator Rabin committed misconduct in permitting certain evidence, that the Arbitration Decision is against public policy, and that the decision was procured through the false and fraudulent testimony of BPO witnesses. Docket No. 8-12 at 1.1

With regard to Defendant Union, Roy argues that the Union breached its duty of fair representation by failing to properly object to evidence, failing to address the corruption and misconduct of certain BPO witnesses, and failing to address public policy concerns related to the nature of Roy’s employment. Id. at 10-11.

Now before the Court are Roy’s Motion to Vacate the Arbitration Award (Docket No. 9) and the Defendants’ Motions to Confirm the Arbitration Award (Docket Nos. 18,19).

II. BACKGROUND

Familiarity of the facts by the parties is presumed based on the extensive arbitration proceedings and comprehensive briefing in this matter.

Roy was employed by the BPO as principal oboist, a position that was within a bargaining unit represented by the Union. The terms of Roy’s employment were governed by a collective bargaining agreement between the Union and the BPO. In July 2012, the BPO discharged Roy for his ongoing intimidating, abusive and disruptive behavior directed toward his colleagues and management. Among other things, [192]*192witnesses from the BPO alleged numerous instances in which Roy: deliberately played off-tempo or off-pitch during rehearsal in order to “sabotage” the other musicians; engaged in physical and verbal confrontations with the other musicians that were viewed as threatening or intimidating; mocked and mimicked others during rehearsal and made exaggerated gestures so as to distract them from playing; defiantly questioned the maestro’s direction on more than one occasion; and made off-color remarks to his colleagues that were perceived as insensitive or offensive.2 .Docket No. 8-1.

Roy received two written warnings for his behavior between his reinstatement in January 2011 and the July 2012 termination of his employment. Roy grieved the written warnings and the July 2012 discharge, and the Union pursued the matter to arbitration before Rabin under the collective bargaining agreement.

The arbitration hearing, at which both the Union and the BPO were represented by counsel, was held for a total of 13 days over the course of approximately one year. Rabin afforded the parties full and equal opportunity to offer testimony under oath, cross-examine witnesses, and present evidence and arguments. Roy was present and gave testimony, as did other witnesses. The proof covered the period between his reinstatement in 2011 and the summer of 2012, which revealed that Roy had a series of confrontations and contentious interactions with his orchestra colleagues and fellow performers. In addition, some of the witnesses alleged that Roy had mocked, mimicked, and otherwise distracted musicians playing within close proximity to him, and that he had sabotaged rehearsals by intentionally playing poorly.

Rabin concluded that the evidence supported the two warning letters issued to Roy and held that the BPO’s discharge of Roy should stand. Arbitrator Rabin noted further that “even if there were sufficient mitigating circumstances, reinstatement [was] not an acceptable option.” Docket No. 8-1 at 42. But, he concluded that monetary relief was appropriate based on his conclusion that the BPO could have done more to give Roy an opportunity to succeed after returning to work following his discharge in 2010. Id. at 46. The 48-page Arbitration Decision upheld Roy’s termination and directed that the BPO afford Roy the opportunity to resign in addition to a separation package of one year’s compensation. Id. at 47.

III. DISCUSSION

A. Preliminary Issues

Following removal to this Court, Defendant BPO moved to dismiss Roy’s original Petition (Docket No. 1) based on lack of standing to bring an action to vacate the arbitral award because the Union, not Roy, was party to the arbitration proceedings. Docket No. 5 at 4-5. In response, Roy filed an Amended Petition, re-asserting his petition to vacate the arbitral award, and also alleging that the Union had breached its duty of fair representation in violation of Section 301 of the LRMA. Docket No. 8, ¶¶ 13, 30-38. The Amended Petition is now the operative pleading. It has been docketed as, and is referred to herein, as Roy’s “Motion to Vacate the Arbitration Award.” All previous motions brought by the parties in response to Roy’s original Petition (Docket No. 1) are therefore superceded.

Defendants BPO and the Union both move to dismiss Roy’s action pursuant to [193]*193Fed. R. Civ. P. 12(b)(6). Docket Nos. 18, 19. Roy has filed opposition papers to those motions, see Docket Nos. 28, 29, to which both Defendants have submitted replies. Docket Nos. 32, 33.

Defendants BPO and the Union have also separately opposed Roy’s Motion to Vacate the Arbitration Award addressing the standards set forth in the Federal Arbitration Act (“FAA”). Docket Nos. 25, 26.

In light of the procedural posture of this case, and in the interest of judicial economy, the Court treats the pending Motions to Dismiss as Motions to Confirm the Arbitration Award. See Sanluis Developments, LLC v. CCP Sanluis, LLC, 556 F.Supp.2d 329, 332 (S.D.N.Y.2008) (“When a party moves to dismiss a motion to vacate an arbitration award, the court may, sua sponte, treat the motion to dismiss as a motion to confirm the award.”).

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161 F. Supp. 3d 187, 2016 U.S. Dist. LEXIS 15772, 2016 WL 492706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roy-v-buffalo-philharmonic-ochestra-society-inc-nywd-2016.