Black v. Niagara Mohawk Power Corp.
James G. Black sued his employer, Niagara Mohawk Power Corporation (NYMO), and his union, International Brotherhood of Electrical Workers, Union Local 310, along with their representatives, for alleged wrongs suffered in 1976. This is the third action (referred to as “Black III”) brought by Black against essentially the same defendants. The core issue revolves around Black's demotion from Chief Line Mechanic A-Hot Stick for allegedly failing to change his residence as a condition of promotion, a condition Black disputed. Black's grievance through the Union was denied, and his subsequent lawsuits (referred to as “Black I” and “Black II”) were largely unsuccessful. In “Black III”, Black alleged that the summary judgment in “Black I” was obtained by fraud through false statements in an affidavit by defendant Carl. The Court denied Black's motion to remand and granted the defendants' motions for summary judgment, finding that Black had an opportunity to contest the alleged fraud in “Black I” and failed to do so. The Court also denied the defendants' request for costs, attorney's fees, and an injunction, but strongly advised Black against further litigation.