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Fleischer v. Barnard College

Union Did Not Breach Fair Representation Duty Over Adjunct Professor's Non-Reappointment

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OPINION & ORDER Plaintiff Georgette Fleischer, proceeding pro se, brings this action against Defendants Barnard College (“Barnard”) and Local 2110 of the United Automobile, Aerospace and Agricultural Implement Workers (“Local 2110″), alleging violations of the National Labor Relations Act, the Labor Management Relations Act, the Labor Management Reporting and Disclosure Act, and the Federal Arbitration Act. Plaintiff principally seeks vacatur of an arbitration opinion that upheld Barnard’s decision to not re-appoint her as an adjunct professor for the 2017-2018 academic year. The Court construes this claim as a ‘hybrid’ action against Local 2110 for violating its duty of fair representation and against Barnard for breach of the operative collective bargaining agreement. Before the Court are the motions to dismiss brought by Barnard and Local 2110. For the following reasons, those motions are granted. BACKGROUND I. Factual Background The facts alleged in the First Amended Complaint and Petition (“Complaint”) are assumed to be true for the purposes of this motion. See, e.g., Stadnick v. Vivint Solar, Inc., 861 F.3d 31, 35 (2d Cir. 2017). The Court also considers the arbitration opinion, as a “written instrument[] attached to the complaint,” and the collective bargaining agreement, which is “incorporated into the complaint by reference.” See ATSI Commc’ns, Inc. v. Shaar Fund, Ltd., 493 F.3d 87, 98 (2d Cir. 2007). Plaintiff Georgette Fleischer is an adjunct college professor of English and Comparative Literature. See Compl. 8. She began teaching at Barnard College in 2000, primarily in the First Year Seminar Program, where her position was subject to reappointment on an annual basis. See id.

13, 22. From the 2014-2015 academic year onwards, Plaintiff worked under the supervision of Wendy Schor-Haim, the director of First Year English. See id. 15. In 2015, Plaintiff became actively involved in the effort to unionize Barnard Contingent Faculty (“BCF”) and won election to the bargaining committee. See id.

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