Transport Workers Union, Local 252 v. Veolia Transportation Services, Inc.

211 F. Supp. 3d 505, 2016 WL 5477604, 2016 U.S. Dist. LEXIS 135170
CourtDistrict Court, E.D. New York
DecidedSeptember 29, 2016
Docket14-CV-3837 (DRH)(ARL)
StatusPublished
Cited by1 cases

This text of 211 F. Supp. 3d 505 (Transport Workers Union, Local 252 v. Veolia Transportation Services, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Transport Workers Union, Local 252 v. Veolia Transportation Services, Inc., 211 F. Supp. 3d 505, 2016 WL 5477604, 2016 U.S. Dist. LEXIS 135170 (E.D.N.Y. 2016).

Opinion

MEMORANDUM AND ORDER

HURLEY, Senior District Judge

Transport Workers Union of America, Local 252 (“petitioner” or “Local 252” or “the ' Union”) commenced this action against Veolia Transportation Services, Inc. d/b/a/ NICE Bus (“respondent” or “Veolia” or “the Company”) seeking confirmation of an arbitration award (“the Award”) pursuant to the Labor Management Relations Act (“LMRA”) § 301, 29 U.S.C. § 185 and the Federal Arbitration Act (“FAA”), 9 U.S.C. § 9, and seeking the dismissal of Veolia’s Counter-Petition to vacate the award. Presently before the Court are the parties’ respective motions for summary judgment pursuant to Federal Rule of Civil Procedure 56 (“Rule 56”). For the reasons set forth below, Local 252’s motion is granted and Veolia’s motion is denied.

BACKGROUND

The following facts, drawn from the parties’ Local Rule 56.1 statements and submissions, are undisputed unless otherwise noted.

The CBA

Local 252 represents bus operators, mechanics, and other employees of Veolia, which operates Long Island’s municipal bus system. Local 252 and Veolia are parties to a Collective Bargaining Agreement (“CBA”), which governs the hours, wages, and working conditions of the Veolia employees that Local 252 represents. The CBA relevant to this litigation was in effect from January 1, 2012 and remains in effect until April 15, 2017.

The CBA makes discipline of employees represented by the Union subject to an agreed upon grievance arbitration proce[509]*509dure. It also provides that an “Impartial Arbitrator shall have the authority to decide all grievances and complaints but he shall not have authority to render any opinion or make any award, (i) which amends, modifies, or changes this Agreement or any of its terms; or (ii) limiting or interfering in any way with the Company’s managerial responsibility to run its transit facilities safely, efficiently, and economically.” (Petitioner’s Ex. A, (“CBA”), Art. II, § 2(b).) Moreover, according to the CBA, “[a]fter both the Union and the Company have been given an opportunity to be heard and to submit such proof as may be desired, the decision in writing of the Impartial Arbitrator shall be binding and conclusive upon the Company, the Union, and the employee.” (Id. Art. II, § 2(f).)

The CBA contains the following language regarding the discipline of employees:

The Company is committed to assuring that the dignity of each employee is respected at all times. Management shall treat employees fairly and reasonably and shall assure that employees are not disciplined without just cause, and that they are notified as expeditiously as reasonably possible, and no later than thirty (30) days of when management knew of the last occurrence of the action or inaction upon which the discipline is based, with respect to any alleged violations charged by management.

(Id. Art. II, § 4.)

Grasso’s Employment

Mary Grasso (“Grasso”) is a member of Local 25 and was employed by Veolia as a Bus Operator in the Rockville Centre depot. On the morning of December 11, 2012, Grasso was operating a bus route from Far Rockaway to Hempstead when the bus experienced mechanical problems. Grasso notified Veolia’s command center that the bus had broken down and that she required assistance. Grasso and the bus passengers exited the bus and waited outside until assistance arrived. When the dispatcher arrived, Grasso told him that she was not able to operate the bus because her hand got cold and numb. The dispatcher then transported Grasso to Veolia’s medical clinic, where she was diagnosed with bursitis. Grasso then returned to the Mitchell Field depot where she signed out as “injured-on-duty.” She was then transported back to the Rockville Centre depot and returned home.

Later that day, Grasso went to work at her second, part-time job at the Levittown Union Free School District (“Levittown UFSD”). As of December 11, 2012, Grasso had been employed there for approximately two months. Her job duties included serving as a bus aide or matron and observing neighborhood routes during another operator’s shift, and operating a 15-passenger mini bus. Grasso did not work at Veolia or Levittown UFSD on December 12, 2012 and returned to work at Veo-lia on December 13, 2012.

On December 20, 2012, at Veolia’s holiday party, Grasso told Aubrey Greenidge (“Greenidge”), Risk Manager of the Veolia Compensation Department, and Ray Crawford (“Crawford”), the Transportation Manager of Veolia’s Rockville Centre depot, that she went to work at the Levit-town UFSD on December 11, 2012. On February 19, 2013, Crawford informed Grasso that she had to meet with Veolia’s former Transportation Director, Jeff Carty. On February 20, 2013, Grasso met with Carty at the Rockville Centre depot and Carty inquired about the events of December 11, 2012.

Subsequently, Grasso received an undated letter from Vincent Gabriele, Veolia’s new Director of Transportation, explaining that it had “recently come to [Veolia’s] [510]*510attention that [Grasso’s] injury-on-duty (alleged numbness) on December 11, 2012 causing [her] to be out of work for a partial day on December 11, 2012 and a full day on December 12, 2012 may have been improperly presented on [her] part.” (Ex. E.) The letter further stated as follows:

[T]his is your opportunity to tell us your side of the story. Such a statement, should you decide to provide it to us, should consist of any and all explanations, documents, memos, letters, mitigating circumstances, or anything else you feel should be considered before making a decision regarding your future employment status. Such a statement should be provided to us no later than September 20, 2013.

(Id.) Additionally, the letter requested that Grasso “cooperate with [Veolia] with regard to the investigation” by providing “a true copy of [her] timesheets, payroll records and/or pay stubs for the week of December 9 through December 15, 2012 while [she was] working at Levittown [UFSD].” (Id.) It also noted that this information was essential for Veolia to receive before making a final decision regarding Grasso’s .future employment status. (Id.) The letter concluded by informing Grasso that her failure to provide such material would “be deemed to be a lack of cooperation” and “may result in discipline up to and including discharge.” (Id.)

According to Grasso, on the day she received the aforementioned letter she retrieved her records from the Levittown UFSD. She claims that she then contacted a representative from Veolia’s Human Resources Department, Diane Ialenti (“Ialen-ti”), and told her that she operated a “little mini van” for the Levittown UFSD on December 11, 2012. (Petitioner’s Ex. C. at 63-64.) On September 18, 2013, Gabriele, Ialenti and Union Representative Jay Bu-caleri met with Grasso as part of Veolia’s investigation. Grasso claims that she tried to provide her records at the meeting, but Gabriele would not accept them. (Id. at 69-70.)

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211 F. Supp. 3d 505, 2016 WL 5477604, 2016 U.S. Dist. LEXIS 135170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/transport-workers-union-local-252-v-veolia-transportation-services-inc-nyed-2016.