No. 25-5359

Robert Joyce v. Consolidated Edison Company of New York, Inc.

Lower Court: Second Circuit
Docketed: 2025-08-14
Status: Denied
Type: IFP
IFP
Tags: arbitration-award collective-bargaining duty-of-fair-representation employment-termination federal-rules labor-relations
Key Terms:
AdministrativeLaw Arbitration ERISA DueProcess JusticiabilityDoctri
Latest Conference: 2025-10-10
Question Presented (AI Summary)

Whether the Court of Appeals improperly dismissed Petitioner's federal court challenge to union and Con Edison actions involving employment termination based on alleged procedural and substantive violations

Question Presented (from Petition)

1. Should Petitioner have been foreclosed from challenging the alleged fraud in Federal Court pursuant to 301 of the Labor Management Relations Act because the Court ’s ruled that Petitioner failed to sufficiently plead a DFR claim against the union? 2. Should Petitioner have the right to challenge in Federal Court Con Edison ’s violations of the Federal rules that Con Edison was required to follow when conducting the drug test that led to Petitioner's employment being terminated? 3. Was the lower Court ’s ruling, made without any judicial scrutiny of the union ’s actions, in conflict with other circuit decisions and with this Court ’s rulings on what constitutes a breach of a union ’s duty in representing its members and thus wrongfully dismissing Petitioner's suit?

Docket Entries

2026-01-15
Case considered closed.
2025-12-03
Application (25A634) denied by Justice Sotomayor.
2025-11-03
Application (25A634) for an extension of time within which to comply with the order of an extension of time within which to comply, submitted to Justice Sotomayor.
2025-10-14
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until November 4, 2025, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2025-09-25
DISTRIBUTED for Conference of 10/10/2025.
2025-06-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 15, 2025)

Attorneys

Robert Joyce
Robert Joyce — Petitioner
Robert Joyce — Petitioner