Cox v. Subway Surface Supervisors Ass'n

Plaintiffs failed to state a claim for breach of the duty of fair representation against defendant Association. At the time defendants negotiated and ratified the collective bargaining agreement at issue, plaintiffs were employed as console dispatchers in defendant Transit Authority’s Rail Command Center. It is uncontested that they were neither members of, nor represented by, the Association’s bargaining unit, so the Association owed them no duty of fair representation. Even were such a duty owed, the Association did not act arbitrarily, capriciously or in bad faith by protecting the “pick…