Simoni v. Luciani, No. 3:11-cv-7528; U.S. District Court (DNJ); opinion by Wolfson, U.S.D.J.; filed July 5, 2012. [22 pp.]
Plaintiff Stephen Simoni, previously employed by Jersey Shore University Medical Center, was terminated during his probationary period. His union filed a grievance on his behalf that was denied by JSUMC. It declined to take the matter to arbitration, explaining that, the collective-bargaining agreement’s protections do not apply to probationary employees. Plaintiff then filed an action against the hospital, the union and named individuals, asserting claims for violation of the Labor Management Relations Act, the National Labor Relations Act, the New Jersey Law Against Discrimination and the Conscientious Employee Protection Act, and claims for defamation, breach of the CBA, and tortious interference with prospective economic advantage.
