A state appeals court has reversed a $62,310 attorney fees award in an injunction action lodged by members of the New York Board of Education Employees Local 372 who’d claimed leadership, in 2020 during the COVID-19 pandemic, tried to run a “snap” election that “undercut” members’ chances for a fair process.

Ultimately, the parties in the action reached an agreement on how to go forward with the union election. And the Appellate Division, First Department court, in reversing the attorney-fees award, wrote that “each of the alleged acquired benefits [of the ultimate agreement regarding how the election would proceed] were provided to the members of Local 372 without the need for filing a lawsuit since the constitutions and election code provided plaintiffs with internal administrative remedies,” citing Matter of Noe v. Local 983, 213 AD3d 460.

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