Redfern-Wallace v. Buffalo News

U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Employment

, New York Law Journal

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Judge Richard Arcara

The Buffalo News fired plaintiff Redfern-Wallace on Jan. 9, 2012. In addition to an unfair labor practice charge against it, plaintiff alleged racial discrimination, harassment and retaliation by the Buffalo News violating Title VII of the Civil Rights Act. She also claimed racial discrimination by former union CWA Local 81, for refusing to file a grievance on her behalf. A magistrate judge' recommended that her complaint be limited to (1) a claim against the Buffalo News for an unfair labor practice arising from her Jan. 9, 2012, termination, (2) a Title VII claim against the Buffalo News for events on or after Dec. 10, 2010, and (3) a claim against Local 81 for breach of the duty of fair representation for events on or after Sept. 20, 2011, related to the union's investigation of her termination. The court only partly granted dismissal to the Buffalo News and Local 81. It adopted the magistrate's finding that the continuing violation theory was inapplicable as to plaintiff's Title VII claims. It also found that by attempting to allege both the Buffalo News' breach of a collective bargaining agreement and Local 81's breach of the duty of fair representation, plaintiff established a hybrid Labor Management Relations Act Section 301/duty of fair representation claim.

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