Kazolias v. IBEW, No. 13-4566 (2d Cir. 2015)
Annotate this CasePlaintiffs, members of an electrical union, appealed the dismissal of their claims against their union. Plaintiff alleged age discrimination in violation of the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C.621 et seq., violations of the Labor Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. 411 et seq., the Labor Management Relations Act of 1947, 29 U.S.C. 141 et seq., and the union’s duty of fair representation (DFR), as well as unlawful retaliation for complaints. The court concluded that the district court erroneously ruled that a union official’s expressions of resentment of plaintiffs’ claims of age discrimination could not evince retaliatory animus existing prior to the time the resentful statements were made. Therefore, the court vacated and remanded with respect to the ADEA claims to which the magistrate judge’s recommendation of dismissal was based solely on the fact that the referral occurred prior to the February 2009 union meeting. The court affirmed in all other respects.
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