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Johnny Wilder, Susan Chana Lask v. Gl Bus Lines, International Bus Services, Inc., and Transport Workers Union of America, Local 225

Citations: 258 F.3d 126; 50 Fed. R. Serv. 3d 314; 168 L.R.R.M. (BNA) 2203; 2001 U.S. App. LEXIS 16796Docket: 18-487

Court: Court of Appeals for the Second Circuit; July 26, 2001; Federal Appellate Court

Narrative Opinion Summary

The case involves a wrongful termination lawsuit filed by an employee against his former employer, GL Bus Lines, and his union, Local 225, after he was terminated for testing positive for marijuana, allegedly due to medications he was taking. The employee claimed that the union breached its duty of fair representation, which is a prerequisite for his claim against the employer. The District Court granted summary judgment to the defendants, dismissing the employee's claims, as there was no evidence of arbitrary or discriminatory conduct by the union. The court also ruled on costs, mistakenly imposing them on the plaintiff's attorney, Lask, instead of the losing party. On appeal, the appellate court affirmed the dismissal of the claims against GL and Local 225 but vacated the order taxing costs against Lask, citing Federal Rule of Civil Procedure 54(d)(1) and the absence of bad faith. The case was remanded for reconsideration of costs against the plaintiff, Wilder, with each party bearing its own costs for the appeal.

Legal Issues Addressed

Assessment of Costs under Federal Rule of Civil Procedure 54(d)(1)

Application: The appellate court clarified that costs should be assessed against the losing party rather than their counsel unless bad faith or wrongdoing is demonstrated.

Reasoning: The appellate court concluded that the District Court incorrectly assessed costs against Lask rather than the losing party, as stipulated by Federal Rule of Civil Procedure 54(d)(1), which mandates that costs be taxed against the losing party unless directed otherwise.

Duty of Fair Representation by Unions

Application: The court determined that Wilder's claims lacked merit as he failed to demonstrate that the union's conduct was arbitrary, discriminatory, or in bad faith.

Reasoning: A union's breach occurs only when its conduct is deemed arbitrary, discriminatory, or in bad faith. The appellate court upheld the District Court's dismissal of Wilder's claims against Local 225 and GL.

Imposition of Sanctions on Attorneys

Application: The court found that imposing costs against Lask was inappropriate as there was no evidence of bad faith or failure in her duties.

Reasoning: The court found that Lask did not act in bad faith or with oppressive intentions, nor did she fail in her duties as an officer of the court.