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Ford v. D.C. 37 Union Local 1549

United States Court of Appeals, Second Circuit
Aug 25, 2009
579 F.3d 187 (2d Cir. 2009)

Summary

holding federal courts lack subject matter jurisdiction over duty of fair representation claims brought by public employees, and noting that "[w]e deem it appropriate to issue a published opinion and thereby make clear beyond peradventure that this is the law of our Circuit"

Summary of this case from Ahmad v. White Plains City Sch. Dist.

Opinion

Docket No. 08-2317-cv.

Argued: August 6, 2009.

Decided: August 25, 2009.

Appeal from the United States District Court for the Southern District of New York, Chin, J.

Roxanne Ford, pro se, New York, NY, for Plaintiff-Appellant.

Robin Roach, Senior Assistant General Counsel, District Counsel 37, AFSCME, AFL-CIO, New York, NY, for Defendant-Appellee.

Before McLAUGHLIN, CALABRESI and RAGGI, Circuit Judges.


Appellant Roxanne Ford, pro se, appeals the district court's judgment granting the defendant's motion to dismiss Appellant's complaint alleging a breach of the duty of fair representation under the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185 et seq., for lack of subject matter jurisdiction. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

This Court reviews de novo a district court decision dismissing a complaint pursuant to Fed.R.Civ.P. 12(b)(1), construing the complaint liberally and accepting all factual allegations in the complaint as true. See Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006). Dismissal of a case for lack of subject matter jurisdiction under Rule 12(b)(1) is proper "when the district court lacks the statutory or constitutional power to adjudicate it." Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000).

As the language of the LMRA makes plain, public employees are not covered by that statute. See 29 U.S.C. § 152(2) (exempting from the definition of employer "any State or political subdivision thereof"). The point is sufficiently clear so that it has been routinely addressed by summary orders. See Baumgart v. Stony Brook Children's Serv., P.C., 249 Fed. Appx. 851, 852 (2d Cir. 2007) (unpublished); Majeske v. Congress of Conn. Comty. Colls., No. 98-7226, 166 F.3d 1200, 1998 WL 907915, at *2 n. 2 (2d Cir. 1998); Smith v. United Fed'n of Teachers, 162 F.3d 1148, 1998 WL 639756, at *1 (2d Cir. 1998). The Supreme Court has also taken this view, which we are bound to follow. See N.L.R.B. v. Natural Gas Util. Dist. of Hawkins County, Tenn., 402 U.S. 600, 602-03, 91 S.Ct. 1746, 29 L.Ed.2d 206 (1971) (holding that a Tennessee public utility district was not an "employer" under § 152(2) because it was a "political subdivision" of Tennessee); see also Police Dep't of the City of Chicago v. Mosley, 408 U.S. 92, 102 n. 9, 92 S.Ct. 2286, 33 L.Ed.2d 212 (1972) ("[T]he National Labor Relations Act specifically exempts States and subdivisions . . . from the definition of `employer' within the Act."). We deem it appropriate to issue a published opinion and thereby make clear beyond peradventure that this is the law of our Circuit.

Appellant claims, on appeal, that her employer is not a political subdivision of New York and questions whether it was a mayoral agency. It is clear to us, however, that the New York City Department of Health and Mental Hygiene is a "political subdivision" of New York that is exempt under § 152(2).

Furthermore, the district court did not err in failing to address any state law claim that the complaint could be construed to be raising. See 28 U.S.C. 1367(c)(3); Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n. 7, 108 S.Ct. 614, 98 L.Ed.2d 720 (1988) ("[I]n the usual case in which all federal-law claims are eliminated before trial, the balance of factors . . . will point toward declining to exercise jurisdiction over the remaining state-law claims.").

For the reasons stated above, the judgment of the district court is AFFIRMED.


Summaries of

Ford v. D.C. 37 Union Local 1549

United States Court of Appeals, Second Circuit
Aug 25, 2009
579 F.3d 187 (2d Cir. 2009)

holding federal courts lack subject matter jurisdiction over duty of fair representation claims brought by public employees, and noting that "[w]e deem it appropriate to issue a published opinion and thereby make clear beyond peradventure that this is the law of our Circuit"

Summary of this case from Ahmad v. White Plains City Sch. Dist.

affirming district court's dismissal, for lack of subject-matter jurisdiction, of public employee's claims of breach of the duty of fair representation against her union because the applicable statute does not cover public employees

Summary of this case from Stinson v. Pearson

affirming district court's dismissal of complaint alleging breach of the duty of fair representation by New York City Department of Health and Mental Hygiene under the LMRA for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)

Summary of this case from Benoit v. State of Connecticut Dep't of Motor Vehicles

In Ford, we held that the "language of the LMRA makes plain [that] public employees are not covered by that statute" but then affirmed a dismissal for lack of subject-matter jurisdiction.

Summary of this case from Green v. Dep't of Educ. of City of New York

reciting standard of review for Rule 12(b) motion

Summary of this case from Absolute Activist Value Master Fund Ltd. v. Ficeto

indicating that a municipal employer is a "political subdivision" of the state and is therefore exempt under Section 152

Summary of this case from MAIO v. CITY OF NEW HAVEN

indicating that a municipal employer is a "political subdivision" of the state and is therefore exempt under Section 152

Summary of this case from Maio v. City of Haven
Case details for

Ford v. D.C. 37 Union Local 1549

Case Details

Full title:Roxanne FORD, Plaintiff-Appellant, v. D.C. 37 UNION LOCAL 1549…

Court:United States Court of Appeals, Second Circuit

Date published: Aug 25, 2009

Citations

579 F.3d 187 (2d Cir. 2009)

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