From Casetext: Smarter Legal Research

Gosper v. Fancher

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 18, 1975
49 A.D.2d 674 (N.Y. App. Div. 1975)

Summary

In Gosper v. Fancher (49 A.D.2d 674, affd 40 N.Y.2d 867) the limit of a union's liability for damages is set forth: "The union * * * was only liable for loss of employment damages `to the extent that its refusal to handle the grievances added to the difficulty and expense of collecting from the employer' (Czosek v. O'Mara, 397 U.S. 25, 29; Schum v. South Buffalo Ry. Co., 496 F.2d 328)."

Summary of this case from Santos v. Sec. Law Enforcement Employees

Opinion

July 18, 1975

Appeal from the Erie Trial Term.

Present — Marsh, P.J., Moule, Mahoney, Del Vecchio and Witmer, JJ.


Judgment unanimously modified, on the law, to reverse the award of damages and a new trial granted on that issue and otherwise judgment affirmed, without costs. Memorandum: In 1965 plaintiff, a fireman employed by the Erie Lackawanna Railroad Company, was discharged on two grounds. He initiated grievance procedures through defendant union which acted in bad faith and violated its duty of fair representation by handling plaintiff's grievance in a perfunctory manner (Vaca v Sipes, 386 U.S. 171; Scott v Anchor Motor Freight, 496 F.2d 276, cert den 419 U.S. 868). He then brought this action for damages against his union. Upon the trial the jury was erroneously charged that the difference between plaintiff's prior fireman's income and his reduced income after termination was a proper measure of damages. The union, however, was only liable for loss of employment damages "to the extent that its refusal to handle the grievances added to the difficulty and expense of collecting from the employer" (Czosek v O'Mara, 397 U.S. 25, 29; Schum v South Buffalo Ry. Co., 496 F.2d 328). Because plaintiff has not established any compensable damages within this rule of Federal labor law we are, therefore, constrained to reverse and grant a new trial on the issue of damages only.


Summaries of

Gosper v. Fancher

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 18, 1975
49 A.D.2d 674 (N.Y. App. Div. 1975)

In Gosper v. Fancher (49 A.D.2d 674, affd 40 N.Y.2d 867) the limit of a union's liability for damages is set forth: "The union * * * was only liable for loss of employment damages `to the extent that its refusal to handle the grievances added to the difficulty and expense of collecting from the employer' (Czosek v. O'Mara, 397 U.S. 25, 29; Schum v. South Buffalo Ry. Co., 496 F.2d 328)."

Summary of this case from Santos v. Sec. Law Enforcement Employees
Case details for

Gosper v. Fancher

Case Details

Full title:EUGENE GOSPER, Respondent, v. E.R. FANCHER et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 18, 1975

Citations

49 A.D.2d 674 (N.Y. App. Div. 1975)

Citing Cases

Smith v. Sipe

The duty of a labor organization to fairly represent its members, which was created by Federal case law, is…

Santos v. Sec. Law Enforcement Employees

Special Term erred in refusing to dismiss the third cause of action in the amended complaint. Said cause of…