Porter's instant action discrimination case dismissed
McClellan v Majestic Tenants Corporation
Plaintiff began working for Majestic Tenants Corporation as a doorman in 1984 and later became a porter. In 2005, plaintiff was terminated. Plaintiff alleged unjust termination sought reinstatement to his prior position with full back pay, benefits, seniority, and contributions to the benefit funds lost through his union. The arbitrator decided that there was just cause for plaintiff’s termination which led to plaintiff filing an instant action alleging discrimination and harassment based on his race and age.
Defendants assert that plaintiff’s cause of action must be dismissed because collective bargaining agreements between Local 32B-32J and The Realty Advisory Board on Labor Relations Incorporated (RAB) exclusively require that discrimination claims be resolved by arbitration. The Court felt that under current binding precedent, plaintiff’s complaint must be dismissed because his discrimination claims are subject to the mandatory arbitration provisions outlined in the collective bargaining agreement.
Accordingly, the Supreme Court granted motion by defendants for an order dismissing plaintiff’s action.
