Legal Opinion

Albino v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided May 4, 1981PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Gulotta, J.

The question posed by this appeal is whether the plaintiff, an employee of the defendant municipality, has sufficiently established that his union, as his exclusive bargaining agent, breached its statutory duty of fair representation in the handling of his grievance against his employer to permit *262him to sue his employer directly under the rationale of Vaca v Sipes (386 US 171). We conclude that the question must be answered in the negative and the judgment dismissing the complaint affirmed.

For several years prior to April 20, 1978, the plaintiff, Thomas Albino,…

2Cases cited15 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. Hines v. Anchor Motor Freight, Inc.Supreme Court of the United States · 1976
  3. National Labor Relations Board v. Acme Industrial Co.Supreme Court of the United States · 1967
  4. Parker v. BorockNew York Court of Appeals · 1959
  5. O'HARA v. Del BelloNew York Court of Appeals · 1979

10 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Goosley v. Binghamton City School District Board of EducationAppellate Division of the Supreme Court of the State of New York · 1984
  2. Sapadin v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1998
  3. Symanski v. East Ramapo Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1986
  4. O'Riordan v. Suffolk ChapterAppellate Division of the Supreme Court of the State of New York · 1983
  5. Shah v. StateNew York Court of Claims · 1988

7 more not listed; retrieve them via the Exa API.

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