Opinion
No. 04-CV-1535.
October 25, 2004
Greenfield Stein Senior, LLP, New York, NY, By: Paul T. Shoemaker, Esq., for the Plaintiffs.
Mintz Gold LLP, New York, NY, By: Jeffrey D. Pollack, Esq.
Jerald M. Stein, Esq., New York, NY, By: Jerald M. Stein, Esq.
Norman Turk, Esq., Brooklyn, NY, By: Norman Turk, Esq. For Defendants Jo-Lo Bus Co., Inc., Bobby's Bus Service, Inc., Grandpa's Bus Co., Inc., Lorissa Bus Service, Inc. and Richard Logan.
Haydon, Straci Cooper, Whitehall Building, New York, NY, By: Ronald A. Straci, Esq., Thomas Rubertone, Esq., For Defendant Salvatore Battaglia and Local 1181-1061 of the Amalgamated Transit Union — A.F.L., C.I.O.:
MEMORANDUM ORDER
Plaintiffs were senior school bus drivers and escorts of Jo-Lo Bus Co., Inc. ("Jo-Lo") and members of Local 1181-1061 of the Amalgamated Transit Union — A.F.L., C.I.O. ("Local 1181"). They seek injunctive, compensatory and other relief against Jo-Lo; Bobby's Bus Co., Inc. ("Bobby's); Grandpa's Bus Co., Inc. ("Grandpa's"); Lorissa Bus Service, Inc. ("Lorissa"); Richard Logan; and Local 1181 and its president, Salvatore Battaglia. Allegedly Richard Logan, either personally or through members of his family, owns, manages and controls as one enterprise Jo-Lo, Bobby's, Grandpa's and Lorissa (collectively, the "bus companies").
Plaintiffs argue that they were deprived of their seniority rights as Jo-Lo employees with respect to choosing more desirable bus routes because those routes were transferred from Jo-Lo to Bobby's, Grandpa's and Lorissa, along with the least senior Jo-Lo employees. They argue that Local 1181 and its president, Salvatore Battaglia, breached their duty of fair representation by failing to object to the route transfers or to properly process their grievances with respect to the transfers, thereby depriving them of an opportunity to arbitrate their claims against the bus companies for breach of the collective bargaining agreement. The following claims are asserted: (1) breach of the duty of fair representation by Local 1181 and its president, Battaglia; (2) breach of the collective bargaining agreement ("CBA") with respect to seniority by the bus companies and Logan; (3) unlawful retaliation, threats and intimidation by the defendants in violation of the Labor Management Reporting and Disclosure Act, 29 U.S.C. § 401 et seq.; and (4) age discrimination under New York state and city laws.
Plaintiffs allege that the motive for the route transfers was to reduce cost structure by inducing some of the more senior employees to retire or resign due to unfavorable changes in working conditions. They also allege that Logan has a hostile and unfriendly relationship with his daughter, Lisa Logan, and tried to punish her by causing financial distress to Jo-Lo, with which she is involved. Defendants presented evidence that the reason for the route transfers was to effectuate the wishes of Logan's late wife to equally distribute assets among their three children.
Although the parties have stipulated that the court may rule on the applications for preliminary and final injunctions, the court prefers to only rule on the issue of preliminary injunction. Further discovery may reveal evidence relevant to a final injunction.
The motion for a preliminary injunction is denied. Plaintiffs have failed to show irreparable injury, a likelihood of success on the merits or a balance of hardships tipping decidedly in their favor. See Conn. Dep't of Envtl. Prot. v. Occupational Safety and Health Admin., 356 F.3d 226, 230 (2d Cir. 2004) (discussing requirements for a preliminary injunction).
In order for this litigation to proceed, plaintiffs must show that Jo-Lo, Bobby's, Grandpa's and Lorissa are operated as a single entity. At this stage, the evidence suggests that these companies are independent entities. The papers in evidence and ruling caselaw suggest that the plaintiffs should be given an opportunity via discovery to establish that the bus companies were in fact operated as a single entity and therefore should be treated as one for purposes of seniority with respect to choosing routes under the Department of Education bus contracts.
The court is cognizant of the representation by union officials that no action adverse to any of the plaintiffs or complaining witnesses will be taken because of this litigation.
SO ORDERED.