No. 24-7004

Gerald Nelson v. New York City Transit Authority, et al.

Lower Court: Second Circuit
Docketed: 2025-04-16
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: duty-of-fair-representation federal-jurisdiction immunity labor-management political-subdivision wrongful-discharge
Key Terms:
Arbitration ERISA LaborRelations
Latest Conference: 2025-09-29 (distributed 2 times)
Question Presented (AI Summary)

Whether a political subdivision has immunity under 301 labor management (duty of fair representation) and whether such immunity can be waived when federal jurisdiction is invoked

Question Presented (OCR Extract)

This Petition presents federal questions based on 301 Labor Management (duty of fair representation) and public employees ,Eleventh Amendment, Seventh Amendment,Wrongful Discharge, and 60 B rule in an action that was Removed to Federal Court, the defendants then claimed lack of subject matter jurisdiction, after the summons and complaint was amended. The District Court dismissed plaintiff ’s amended complaint based on failure to state a claim, because defendants were a Political Subdivision and Union with immunity. 1. Whether a political subdivision has immunity under 301 labor management (duty of fair employees) ? 2. Whether 301 labor management warrants a jury trial ? 3. Whether a political subdivision and union waive their immunity based on A wrongful discharge claim, when federal jurisdiction is invoked ? 4. Whether the district court made a mistake under the 60 B rule, when the case was dismissed for failure to state a claim /Rule 12(b)(6) with Prejudice ? l

Docket Entries

2025-10-06
Rehearing DENIED.
2025-09-03
DISTRIBUTED for Conference of 9/29/2025.
2025-06-23
Petition for Rehearing filed.
2025-05-27
Petition DENIED.
2025-05-07
DISTRIBUTED for Conference of 5/22/2025.
2025-05-05
Waiver of right of respondent Transport Workers Union Local 100 to respond filed.
2025-04-14
Waiver of right of respondent New York City Transit Authority (i/p/a " New York City Transit Authority, Department of Buses, (East New York Depot)") to respond filed.
2025-04-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 16, 2025)
2025-01-13
Application (24A678) granted by Justice Sotomayor extending the time to file until April 7, 2025.
2025-01-06
Application (24A678) to extend the time to file a petition for a writ of certiorari from February 4, 2025 to April 5, 2025, submitted to Justice Sotomayor.

Attorneys

Gerald Nelson
Gerald Nelson — Petitioner
Gerald Nelson — Petitioner
New York City Transit Authority (i/p/a " New York City Transit Authority, Department of Buses, (East New York Depot)")
Neil H. AbramsonProskauer Rose, LLP, Respondent
Neil H. AbramsonProskauer Rose, LLP, Respondent
Transport Workers Union Local 100
Denis A. EngelColleran, O'Hara & Mills L.L.P., Respondent
Denis A. EngelColleran, O'Hara & Mills L.L.P., Respondent