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Klika v. Tuckahoe Police Org. Inc.

LMRA §301 Inapplicable to Retired Officer's Hybrid Action Against Village, Union

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OPINION & ORDER   Plaintiff Stephen Klika brings this action against the Tuckahoe Police Organization, Inc. (the “PBA”) and the Village of Tuckahoe (the “Village”), asserting claims under Section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. §185 (“Section 301,” or”§301 “), and the New York Civil Service Law (“N.Y. Civil Service Law”). (ECF No. 17.) Plaintiff seeks monetary damages against the PBA for breach of the duty of fair representation and breach of fiduciary duty in connection with the enforcement of a Collective Bargaining Agreement (“CBA”) between the PBA and the Village. Plaintiff also seeks specific performance of the Village’s alleged obligations under the CBA. Before the Court are Defendants ‘motions to dismiss the Amended Complaint in its entirety pursuant to Federal Rules of Civil Procedure 12(b)(l) and 12(b)(6).1 (ECF Nos. 19 (Village) & 21 (PBA).) Plaintiff opposes the motions. (ECF Nos. 20 & 22.) For the following reasons, Defendants’ motions are GRANTED. BACKGROUND2 Plaintiff was hired as a police officer by the Village on or about May 22, 1989. (Am. Compl. 9.) Around June 2004, Plaintiff was promoted to police sergeant and remained in that position until the date of his retirement on or about June 1, 2009. (Id.

10-11.) At all relevant times, the Village and the PBA were parties to the CBA, which governed Plaintiff’s employment and retirement and that of other employees of the Village’s Police Department. (Id.

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