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Caldarera v. Int'l Longshoremen's Ass'n, Local 1

Dismissal of Work Assignment, Collusive Discharge Claims Explained

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ORDER AND OPINION  Plaintiff William Caldarera brings this action against his union, Defendant International Longshoremen’s Association (“ILA”), Local 1, relating to purported unfavorable treatment in his work assignments and his termination by Global Container Services, Inc. (“Global”), an employer that formerly was a defendant in this case. This marks the Court’s second opinion on a motion to dismiss; the Court largely granted Defendants’ first motion and dismissed Global, but allowed Plaintiff to amend his Complaint and permitted Local 1 to move again to dismiss because the Defendants misconstrued the nature of Plaintiff’s claims when briefing their first motion. The parties have now briefed the claims that had been previously unaddressed, and Defendant’s motion to dismiss is GRANTED.I. BACKGROUNDThe Court assumes familiarity with the facts of this case as laid out in the Court’s prior opinion, as well as the outcome of the prior motion. See Opinion and Order, December 13, 2017 (“MTD Op.”) [Dkt. 67] at 2-4. It is worth repeating, however, some of the facts most central to the outstanding claims, as well as laying out the case’s curious posture.A. Relevant Factual BackgroundCaldarera is a member of Defendant Local 1, which represents workers who unload ships in and around New York City. First Amended Complaint (“FAC”) [Dkt. 35]

4-5. He specifically works as a “Checker;” checkers verify the identity of shipping containers and assist with loading and unloading ships. Id.8.Plaintiff claims that, in September 2016, after working for Global for about a year, he got into an argument with his Local 1 “Union Steward” (also called a “Shop Steward” or “Dock Boss”), Michael Fulbrook. FAC

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