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Lonigro v. Local 25 Teamsters Union

United States District Court, D. Massachusetts

June 25, 2018

MICHAEL A. LONIGRO, Plaintiff,
v.
LOCAL 25, TEAMSTERS UNION, Defendant.

          ORDER ON PLAINTIFF'S MOTION FOR A COURT ORDER AND DEFENDANT'S MOTION TO DISMISS

          F. Dennis Saylor, IV Sr. United States District Judge

         Plaintiff Michael A. Lonigro, proceeding pro se, filed this claim against defendant Local 25 of the Teamsters Union alleging that John Murphy, a union official, failed to help him return to work for the 750 additional hours he needed to receive his pension. Defendant has filed a motion to dismiss the claim as barred by the applicable statute of limitations. Because plaintiff did not bring his claim within the limitations period, the action will be dismissed.

         I. Background

         Because plaintiff is proceeding pro se, the Court will construe his pleadings liberally. The following facts are taken both from plaintiff's complaint and his motion for a court order.

         A. Factual Background

         Lonigro alleges that he has been a member of the Local 25 of the Teamsters Union in Boston since 1986 and an employee of UPS Cartage. (Pl. Mot. for Ct. Order at 1). He alleges that in 1996, he began to be harassed by “a sophisticated group of people” he calls “white collar criminals.” (Id.). He alleges that he stopped working in 1998 for about a year because of union corruption in his workplace, and that the white-collar criminals had something to do with it. (Id.). He alleges that they continued to harass him and attempted to extort money from him, and, as a result, he moved to Arizona in 2005, and commuted to work by airplane. (Id.).

         At some point, Lonigro stopped working and was placed on extended non-pay medical leave. (Compl. at 4). He alleges that a union official told him that he needed to work an additional 750 hours to receive his pension. (Pl. Mot. for a Ct. Order at 2). Accordingly, he requested permission from UPS Cartage to return to work, and he alleges that he received that permission from a UPS Cartage terminal manager on May 20, 2015. (Compl. at 4). He alleges that he was at the airport and about to board the plane to return to Boston when he received a call from a manager at UPS Cartage that they had changed their mind. (Compl. at 4; Pl. Mot. for a Ct. Order at 1).

         Lonigro then called John Murphy, an official with the Local 25 of the Teamsters Union, presumably to file a grievance, but he did not answer because his office was closed. (Compl. at 4). The next week, Lonigro flew to Boston and went to the union office to see Murphy's secretary. (Id.). He alleges that Murphy “wasn't very helpful, didn't do his job properly, he has a statutory obligation as a union official.” (Id.). Lonigro further alleges that “[t]he union official didn[']t want to really help, playing phone tag, dissapting [sic] time.” (Pl. Mot. for a Ct. Order at 2).

         Lonigro further alleges that he was receiving social security disability benefits, but that in order to get his disability pension, he needs 18 months of work hours preceding his disability date of August 24, 2014. (Compl. at 4). He proposes to “pay for 18 months of hours” which “comes out to be about 14, 000 dollars.” (Id.).

         B. Procedural Background

         Lonigro filed the complaint in this action on May 16, 2018. The complaint alleges that “[t]he union breech [sic] its duty of fair representation, under a labor bargaining agreement, which constituted an unfair labor practice, than acting in bad faith, violating labor laws 301-LMRA 29 U.S.C. 185 and U.S.C. 29 section 158b.” (Pl. Mot. for a Ct. Order at 2). It further alleges that “[b]ecause he breeched [sic] the duty of fair representation under a labor bargaining agreement and acted in bad faith, and had a [sic] statutory obligation to do his duty, it caused me the infliction of emotional distress and because of this negligence, im having trouble trying to get my pension.” (Id.).

         Defendant was served on June 6, 2018. That same day, plaintiff filed a motion seeking “a Court Order that Michael A Lonigro is going to pay for 18 months of hours, directly to the N.E. Teamsters Pension Fund, estimated to cost about 14, 000 dollars, so he can receive his disability pension. His onset date for social security disability is Aug, 242014, the 18 months of hours need to be paid preceeding this onset date of Aug, 24, 2014, from my understanding this could be done, with a COURT ORDER, or at worse 750 hours need to paid this year, 2018, for a regular pension.” (Pl. Mot. for a Ct. Order at 2).

         Defendant filed a motion to dismiss on June 12, 2018.

         II. Stand ...


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