Lahendro v. New York State United Teachers Ass'n
Plaintiff Michael F. Lahendro, a guidance counselor, sued the New York State United Teachers Association (NYSUT) and Brushton-Moira Teachers Association for breach of the duty of fair representation and negligence after NYSUT failed to timely file a demand for a hearing against his employment termination. This oversight led Lahendro to accept a settlement including retirement. Defendants moved to dismiss the lawsuit, which the Supreme Court denied, leading to this appeal. The appellate court reversed, dismissing the breach of fair representation claim based on the 'Martin v Curran' rule, which requires proving all individual union members authorized or ratified the conduct for suits against unincorporated associations, which plaintiffs could not do. Additionally, the negligence claim was dismissed as actions against unions for duties under collective bargaining agreements must be for breach of fair representation.