64 A.D.2d 890 | N.Y. App. Div. | 1978
—In an action, inter alia, (1) to declare that defendant Lufthansa German Airlines breached its contract of employment with plaintiff by terminating such employment and (2) to compel plaintiff’s reinstatement to his position with all salary accrued from the date of his termination, defendants appeal from a judgment of the Supreme Court, Kings County, dated November 4, 1977, which, inter alia, (1) directed defendant Lufthansa German Airlines to rehire plaintiff and (2) authorized plaintiff to enter a money judgment against defendants in the sum of $23,550, upon a stipulation of the parties. The appeal also brings up for review so much of a decision of the same court, as found that defendant Lufthansa German Airlines had failed to notify plaintiff in writing 10 days before the expiration of the first 60 days of his employment, "that the period of sixty days in which he was regarded as a temporary employee was being extended an additional thirty (30) days.” Judgment affirmed, without costs or disbursements. Plaintiff was hired by defendant Lufthansa German Airlines (Lufthansa) as an airplane mechanic. This employment commenced on September 22, 1975. At that time, an agreement existed between Lufthansa and defendant International Association of Machinists and Aerospace Workers (union), of which plaintiff, as a union member, was a beneficiary. As it is relevant to this dispute, that agreement provided: "Except as otherwise provided in this Agreement, new employees shall be regarded as temporary employees for the first sixty (60) days of their appointment. This period may be extended by the Company an additional thirty (30) days provided the employee in question and the Union are notified in writing ten (10) days before the expiration of the first sixty (60) days of employment.” Apparently, a temporary employee could be terminated by Lufthansa for any reason, or for no reason, whereas an employee who had completed the temporary period of employment could not be terminated except for cause. There is no dispute that plaintiff’s first 60 days of employment were to and did terminate on November 20, 1975. Nor is there any dispute, for purposes of this appeal, that on November 11, 1975, Lufthansa notified plaintiff that, in accordance with the union agreement, it was extending his period of temporary employment for an additional 30 days, to terminate December 20, 1975. On December 17, 1975 Lufthansa notified plaintiff that his employment would be terminated, effective December 18, 1975, for failure to meet