Judge John Koeltl
Nikci’s native language is Albanian. He worked for Quality Building Services (QBS) and was a member of Local 32BJ. The court dismissed his “hybrid action” alleging that during grievance procedures arising from disciplinary action by QBS—after Nikci allegedly misrepresented witnessing an altercation between a fellow employee and a QBS supervisor—Local 32BJ breached its duty of fair representation, and duties under a collective bargaining agreement, by terminating him without cause and by coercing him into signing a settlement agreement converting his discharge into a suspension, final warning and transfer. Noting that Nikci was shop steward and filed his grievance with Local 32BJ, the court rejected his claim that Local 32BJ breached its fair representation duty by failing to provide an Albanian interpreter. Noting Nikci’s failure to claim economic duress when signing the settlement agreement, the court concluded that by advising him of his options the union did not coerce Nikci into signing the settlement agreement. Because Nikci released his claims against QBS in a valid settlement agreement, Nikci’s claim that QBS breached the collective bargaining agreement must also be dismissed.
