102 F. Supp. 3d 408
D.R.I.2015Background
- Sharon DeLucca, a tenured professor at Roger Williams University, filed a grievance seeking creation of a separate Graphic Design department, appointment as its chair, and related compensation, alleging duties performed beyond her contract.
- The grievance was denied at Steps One and Two; the Union (Roger Williams Faculty Association / NEARI) agreed to arbitrate but hearings were repeatedly postponed between 2011–2013.
- On May 3, 2012, Union representatives recommended withdrawing the arbitration because DeLucca had not produced requested supporting documentation; the grievance committee later reinstated arbitration on October 11, 2012.
- DeLucca sued (filed March 8, 2013) claiming (1) the Union breached its duty of fair representation by withdrawing the arbitration and inadequately preparing her, and (2) defendants intentionally inflicted emotional distress.
- Arbitration proceeded June 27, 2013; the arbitrator concluded the grievance was not substantively arbitrable (creation of a department/appointment of chair and related compensation implicated university management rights) and dismissed the grievance.
- The District Court granted judgment on the pleadings dismissing all counts: breach-of-duty claims failed because the underlying grievance was non-meritorious and the Union’s withdrawal did not show arbitrary, discriminatory, or bad-faith conduct; tort claims were preempted by federal labor law and failed to plead extreme, outrageous conduct or physical symptomatology.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Union’s temporary withdrawal of arbitration breached duty of fair representation | DeLucca: withdrawal forced costly appeal and reflected unfair representation | Union: has wide discretion to withdraw; action not arbitrary, discriminatory, or in bad faith | Court: no breach — withdrawal permissible and not unlawful |
| Whether Union’s alleged inadequate preparation / perfunctory arbitration breached duty | DeLucca: Union failed to prepare, interview witnesses, causing adverse outcome | Union: arbitration later reinstated; briefs praised by arbitrator; no reckless or bad-faith conduct shown | Court: dismissed — no facts showing perfunctory bad-faith or malfeasance; arbitrator deemed Union’s brief persuasive |
| Whether underlying grievance against University was meritorious | DeLucca: entitled to department-chair title and compensation based on duties performed | University/Arbitrator: department creation and chair appointments are management rights beyond contract scope | Court: grievance non-meritorious; matters reserved to management; thus plaintiff cannot satisfy required element for fair-representation claim |
| Whether state-law intentional infliction of emotional distress claims survive | DeLucca: withdrawal caused severe distress, reputational harm | Defendants: claims arise from labor relationship and are preempted; also fail to allege extreme/outrageous conduct or physical symptoms | Court: dismissed — claims preempted by §301 LMRA and fail Rhode Island tort elements |
Key Cases Cited
- Frappier v. Countrywide Home Loans, 750 F.3d 91 (1st Cir. 2014) (Rule 12(c) standard mirrors 12(b)(6))
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading must state a claim plausible on its face)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (complaints must contain factual enhancement beyond naked assertions)
- Ayala v. Union de Tronquistas, 74 F.3d 344 (1st Cir. 1996) (union discretion to withdraw grievances; breach only if arbitrary, discriminatory, or in bad faith)
- Sear v. Cadillac Auto. Co., 654 F.2d 4 (1st Cir. 1981) (finality of arbitration when parties agreed to binding arbitration)
- Chauffeurs, Teamsters & Helpers, Local No. 391 v. Terry, 494 U.S. 558 (1990) (plaintiff must prove employer violated CBA and union breached duty to recover damages)
- First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (1995) (court gives leeway to arbitrator’s determinations)
- Lingle v. Norge Div. of Magic Chef, 486 U.S. 399 (1988) (state-law claims preempted when resolution requires interpretation of collective-bargaining agreement)
- Hussey v. Quebecor Printing Providence Inc., 2 F. Supp. 2d 217 (D.R.I. 1998) (courts reluctant to interfere with union grievance handling absent reckless disregard)
- Swerdlick v. Koch, 721 A.2d 849 (R.I. 1998) (elements for intentional infliction of emotional distress under Rhode Island law)