Greenwith RTM rejects Teamsters contract - GreenwichTime Plaintiffs allege that, in violation of section 101(a)(4) of the LMRDA, 29 U.S.C. local 456 international brotherhood of teamsters. Complt. Plaintiffs' Claims Pursuant to the United States Constitution. Already a subscriber? In evaluating each motion, the court must look at the facts in the light most favorable to the non-moving party. On June 18, 1993, Local 456 was recognized by the County of Westchester (the "County") as the collective bargaining representative for an overall bargaining unit composed of certain administrators, managers and professional employees, below the level of Deputy Commissioner, that were not represented by any other labor organization. 117.) 3020 (1999). Because plaintiffs were given the same opportunity as all the other members of the bargaining unit to ask questions about and vote on the agreement, plaintiffs cannot state a claim for a violation of 101(a)(1). In Calhoon v. Harvey, 379 U.S. 134, 138, 85 S.Ct. Domanick v. Triboro Coach Corp., 18 N.Y.S.2d 650, 652 (N.Y.Sup.Ct. The undisputed facts here show that the County, and not the Union, suggested and insisted upon the removal of plaintiff's job titles from the bargaining unit. (Am.Complt. ), On June 21, 1999, the ratification vote was held. 826, 828 (S.D.N.Y. ( Id. reciprocal rights . Defendant and this Court have interpreted both of these claims as allegations of a violation of article 1, section 17, of the New York State Constitution, which states in relevant part: "Employees shall have the right to organize and to bargain collectively through representatives of their choosing." According to defendant, the membership of plaintiffs in Local 456 was suspended for nonpayment of dues. 32, 34.) ( Id. The County wanted to exclude the Senior Assistant County Attorneys, the Assistants to the County Executive I and II, and the Coordinator of Veteran Affairs. 29 U.S.C. ( Id.). According to Lucyk's affidavit, the only evidence put forth in this case, the County wanted to remove several titles from the bargaining unit, including the Senior ACAs. Plaintiffs allege that Local 456 failed to inform plaintiffs of their rights under the LMRDA, in violation of section 105 of the LMRDA, 29 U.S.C. Plaintiffs seek declaratory relief and compensatory damages for this alleged constitutional violation. 0 Teamsters Local 456, International Brotherhood of Teamsters 814, 820 (N.D.N.Y. GREENWICH The Representative Town Meeting has sent a new labor contract between the town and the Teamsters Local 456 back to the bargaining table after rejecting the proposed agreement. D.) At no time after the approval of the collective bargaining agreement did Local 456 "contact, consult, advise, recommend or otherwise inform plaintiffs of their rights and remedies."

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