04.13.07
Employee Cannot Invoke Connecticut’s Whistleblower and Free Speech Statutes To Sue Union
Doug Bartinik
The District of Connecticut recently dismissed claims brought by a former Connecticut Department of Corrections (“DOC”) employee against her union. The plaintiff, Eunice Smith, alleged that her union, Local 1565 (a union affiliate of AFSCME Council 4), consistently failed to address the DOC’s unfair treatment of African American employees. After Smith was terminated, she alleged, among other things, that the Local 1565 retaliated against her and “aided and abetted” the DOC in discriminating against her.
Smith brought several claims, including alleged violations of Conn. Gen. Stat. §§ 31-51m and 31-51q. Section 31-51m prohibits discipline or discharge for reporting a violation of law to a public body, and § 31-51q prohibits discipline or discharge for exercising First Amendment rights. The court dismissed both claims, noting that the text of the statutes apply only to an “employer,” that Local 1565 was not Smith’s employer, and that her former employer, the DOC, was not a named defendant.
Smith v. AFSCME Council 4, 05-cv-829 (JBA) (D. Conn. March 8, 2007)
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