Moriarity Wins for Union Members on Motion to Dismiss

March 14, 2019 – Last week, firm partner Scott Moriarity defeated a motion to dismiss in Nagel v. United Food & Commercial Workers Union, Local 653, No. 18-1053 (D. Minn.). Mr. Nagel brought a class action lawsuit against UFCW Local 653 in May 2018 for violating its duty of fair representation, arising out of the loss of early retirement benefits under a March 2018 collective bargaining agreement (CBA).

The lawsuit alleges that, after the Local bargained away the early retirement benefits, it withheld information about this concession from members in bad faith, encouraging members to vote on the CBA without telling them about the lost benefits. The Local moved to dismiss, arguing in part that Mr. Nagel did not have a legally viable claim for breach of the duty of fair representation.

In an order on March 4, 2019, Judge Wilhelmina M. Wright denied the motion in part, holding that Mr. Nagel had alleged a claim against the Local for bad-faith breach of the duty of fair representation. Because of this ruling, Mr. Nagel now has the opportunity to hold the Local accountable for its wrongdoing and pursue relief for all members that lost their early retirement benefits.

Scott Moriarity is a partner at Baillon Thome Jozwiak & Wanta LLP and a fierce litigator in complex employment and class action disputes throughout the United States. Scott has formulated winning strategies in major employment and products liability cases, helping ordinary employees and consumers vindicate their rights against large, well-funded opponents.

Baillon Thome Jozwiak & Wanta LLP is an employment law firm committed to protecting the rights of employees and union members who have suffered from unfair employment and labor practices. For questions about the firm or your rights as an employee or union member, contact Scott or any of our attorneys by clicking here or calling 612-252-3570.