United States District Court, D. Massachusetts
MICHAEL A. LONIGRO, Plaintiff,
LOCAL 25, TEAMSTERS UNION, Defendant.
ORDER ON PLAINTIFF'S MOTION FOR A COURT ORDER AND
DEFENDANT'S MOTION TO DISMISS
Dennis Saylor, IV Sr. United States District Judge
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.
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.
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.).
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
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).
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.”
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
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
filed a motion to dismiss on June 12, 2018.