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States and political subdivisions of states are not employers within the meaning of the National Labor Relations Act

States and political subdivisions of states are not employers within the meaning of the National Labor Relations Act
Ford v D.C. 37 Union Local 1549, CA2d Circuit, Docket No. 08-2317-cv

Roxanne Ford appealed a judgment by the United States District Court for the Southern District of New dismissing her complaint alleging that DC-37 breached the duty of fair representation.
Ford, however, had filed her claims against DC-37 pursuant to the federal Labor Management Relations Act (LMRA), 29 USC 185.

The Circuit Court of Appeals affirmed the district court?s action dismissing Ford?s petition for ?for lack of subject matter jurisdiction? as the LMRA ?makes plain, public employees are not covered by that statute? as the definition of employer set out in the LMRA excludes ?any State or political subdivision thereof.?

The Circuit Court pointed out that Ford?s employer, The New York City Department of Health and Mental Hygiene, was, in its view, a ?political subdivision? of New York and thus it is exempt under the definitions of employer set out in 29 USC §152(2).

NYPPL Comment: Did Ford have any recourse with respect to her claim that DC-37 breached its duty of fair representation? Suffice it to note that Civil Service Law §209-a.2(c) provides that it is an ?Improper employee organization practices? to breach its duty of fair representation to public employees under this article [fourteen, the Taylor Law].?

Further, §209-a.3 provides that ?The public employer shall be made a party to any charge filed under subdivision two of this section which alleges that the duly recognized or certified employee organization breached its duty of fair representation in the processing of or failure to process a claim that the public employer has breached its agreement with such employee organization.?

The Ford decision is posted on the Internet at:
http://www.ca2.uscourts.gov/decisions/isysquery/fefcb101-e65b-4229-af8d-73ce31aae79e/1/doc/08-2317-cv_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/fefcb101-e65b-4229-af8d-73ce31aae79e/1/hilite/

Full post as published by New York Public Personnel Law on August 28, 2009 (boomark / email).