Dolan v. Soft Drink and Brewery Workers Union, Local 812

OPINION & ORDER

*1  Plaintiff Timothy Dolan (“Plaintiff”) commenced this action against Defendant Soft Drink and Brewery Workers Union, Local 812, International Brotherhood of Teamsters (“Defendant Local 812″) for breach of the duty of fair representation. Presently before the Court is Defendant Local 812′s Motion to Dismiss Plaintiffs Complaint (the “Complaint” or “Compl.”), pursuant to Federal Rule of Civil Procedure 12(b)(6). (See EFC No. 14, “Defendant’s Motion”) For the reasons stated below, Defendant’s Motion is GRANTED.BACKGROUNDThe following facts, taken from the Complaint, are construed in the light most favorable to Plaintiff, as he is the non-moving party.¹ See Kleinman v. Elan Corp., 706 F.3d 145, 152 (2d Cir. 2013); Gonzalez v. Hasty, 651 F.3d 318, 321 (2d Cir. 2011). Plaintiff was employed as a warehouseman by Oak Beverages, Inc. (“Oak”) from March 5, 1996 to May 12, 2016. (See Compl.8.) Warehousemen oversee the storing and distribution of beverages at Oak’s warehouses. (Id.7.) Patrick Bracho (“Bracho”) is the warehouse manager that oversaw Oak’s warehouse in Rockland County, New York, where Plaintiff was employed. (Id.