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O'RIORDAN v. SUFFOLK CHAPTER, LOCAL NO. 852, CIVIL SERV. EMPLOYEES ASS'N, INC.

95 A.D.2d 800 (1983)

Terrance O'Riordan et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. Suffolk Chapter, Local No. 852, Civil Service Employees Association, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 13, 1983

Order affirmed, without costs or disbursements.

In order to state a cognizable claim for breach of the statutory duty of fair representation, the union's conduct toward a member or members of a collective bargaining unit must be arbitrary, discriminatory or taken in bad faith (Vaca v Sipes, 386 U.S. 171; Albino v City of New York, 80 A.D.2d 261). The complaint herein fails to set forth...

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