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Sanchez v. New England Confectionery Co.

United States District Court, D. Massachusetts

August 14, 2015

ISAIAS SANCHEZ, Plaintiff,
v.
NEW ENGLAND CONFECTIONERY COMPANY, INC. d/b/a NECCO, and BAKERY, CONFECTIONARY, TOBACCO WORKERS AND GRAIN MILNERS INTERNATIONAL UNION, AFL-CIO LOCAL NO. 348, Defendants

For Isaias Sanchez, Plaintiff: John R. Bita, III, LEAD ATTORNEY, Milligan Coughlin LLC, Boston, MA; James E. Neyman, James E. Neyman & Associates, P.C., Boston, MA.

For New England Confectionery Company, Inc., doing business as, NECCO Defendant: Erica F. Mastrangelo, Thomas T. Reith, III, LEAD ATTORNEYS, Catherine Elizabeth Murillo, Burns & Levinson LLP, Boston, MA.

For Bakery, Confectionary, Tobacco Workers and Grain Milners, International Union, AFL-CIO Local 348, Defendant: Paul F. Kelly, Segal Roitman, LLP, Boston, MA.

Page 34

MEMORANDUM AND ORDER

Denise J. Casper, United States District Judge.

I. Introduction

Plaintiff Isaias Sanchez (" Sanchez" ) brings this hybrid action under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185. D. 1. Sanchez alleges that defendant Bakery, Confectionery, Tobacco Workers and Grain Milners International Union, AFL-CIO Local No. 348 (" Local 348" ) breached its duty of fair representation and defendant New England Confectionary Company (" NECCO" ) breached the collective bargaining agreement. Id. at 1. Local 348 has moved for summary judgment. D. 50. For the reasons stated below, the Court ALLOWS the motion.

II. Standard of Review

The Court grants summary judgment where there is no genuine dispute on any material fact and the undisputed facts demonstrate that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a). " A fact is material if it carries with it the potential to affect the outcome of the suit under applicable law." Santiago--Ramos v. Centennial P.R. Wireless Corp., 217 F.3d 46, 52 (1st Cir. 2000) (quoting Sanchez v. Alvarado, 101 F.3d 223, 227 (1st Cir. 1996)) (internal quotation mark omitted). The movant bears the burden of demonstrating the absence of a genuine issue of material fact. Carmona v. Toledo, 215 F.3d 124, 132 (1st Cir. 2000); see Celotex v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If the movant meets its burden, the nonmoving party may not rest on the allegations or denials in her pleadings, Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986), but " must, with respect to each issue on which she would bear the burden of proof at trial, demonstrate that a trier of fact could reasonably resolve that issue in her favor." Borges ex rel. S.M.B.W. v. Serrano--Isern, 605 F.3d 1, 5 (1st Cir. 2010). " As a general rule, that requires the production of evidence that is 'significant[ly] probative.'" Id. (quoting Anderson, 477 U.S. at 249) (alteration in original). " [C]onclusory allegations, improbable inferences, and unsupported speculation" do not satisfy the non-moving party's burden. Medina-Munoz v. R.J. Reynolds Tobacco Co.,

Page 35

896 F.2d 5, 8 (1st Cir. 1990). The Court " view[s] the record in the light most favorable to the nonmovant, drawing reasonable inferences" in her favor. Noonan v. Staples, Inc., 556 F.3d 20, 25 (1st Cir. 2009).

III. Factual Allegations

Unless otherwise noted, all facts are drawn from Sanchez's statement of material facts, D. 57, and Local 348's statement of material facts, D. 52.

Since 1997, Sanchez was a NECCO employee represented by Local 348. D. 52 ¶ 3. Local 348 is a labor union representing approximately 330 employees at NECCO's facility in Revere, Massachusetts. Id. ΒΆ 5. Juan Figueroa (" Figueroa" ) is Local ...


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