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Labor Law
Unfair Labor Practices
Collective Bargaining Agreement

Ricardo Apolinario v. United Healthcare Workers-West, Service Employees International Union CTW, CLC; Seton Medical Center, and Does 1 through 25

Published: Jan. 17, 2015 | Result Date: Sep. 29, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 3:13-cv-04219-VC Summary Judgment –  Defense

Court

USDC Northern


Attorneys

Plaintiff

Curtis G. Oler


Defendant

Bruce A. Harland
(Weinberg, Roger & Rosenfeld)

Manuel A. Boigues


Facts

Ricardo Apolinario sued United Healthcare Workers-West, Service Employees International Union CTW, CLC, and Seton Medical Center, in connection with his employment at Seton.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he was employed by Seton, and was also a member of the Union. Seton had a collective bargaining agreement with the Union. Plaintiff alleged that Seton fired him in violation of the CBA. He then sued defendants, asserting claims for declaratory and injunctive relief.

DEFENDANTS' CONTENTIONS:
Seton moved for judgment on the pleadings, arguing that plaintiff's claims against it failed because plaintiff failed to establish a meritorious claim against the Union.

Result

The district court determined that Apolinaro's claims against Seton were contingent on a meritorious claim against the Union. However, because his claims against the Union failed, his claims against Seton also failed. The court then granted Seton's motion for judgment on the pleadings with prejudice.

Other Information

FILING DATE: Sept. 12, 2013.


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