Fleischer v. Barnard College

Background

Georgette Fleischer, appearing without a lawyer, sued Barnard College, Local 2110 of the United Automobile, Aerospace and Agricultural Implement Workers of America, and arbitrator Ralph S. Berger. The opinion describes Barnard as Fleischer’s former employer, Local 2110 as her union, and Berger as the arbitrator who decided her grievance. Fleischer asserted claims under the Labor Management Relations Act, the National Labor Relations Act, and the Federal Arbitration Act. The court also construed the complaint as potentially asserting claims under the Labor Management Reporting and Disclosure Act. Fleischer sought damages and asked the court to vacate an August 19, 2019 arbitration award.

The court had previously allowed Fleischer to proceed without prepaying filing fees. In reviewing an action filed under that status, the court must dismiss claims that are frivolous, fail to state a claim, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction. The court also explained that pleadings filed without a lawyer are read liberally but still must provide enough facts to make a claim plausible.

Claims Against Berger

The court dismissed Fleischer’s claims for damages against Berger. It held that arbitrators in contractually agreed arbitration proceedings have immunity from damages liability for acts within the scope of the arbitration process. Because Fleischer’s damages claims against Berger arose from Berger’s alleged conduct during the arbitration, the court dismissed those claims under arbitral immunity and because they were frivolous under the statute governing cases filed without prepaying fees.

The opinion does not state that Fleischer’s claims against Barnard College or Local 2110 were dismissed. Instead, the court directed that those defendants be served.

Service on Barnard College and Local 2110

Because Fleischer was allowed to proceed without prepaying fees, the court ordered the Clerk of Court to issue summonses and prepare the required service forms for Barnard College and Local 2110. The court directed the U.S. Marshals Service to receive the necessary papers and effect service. It extended the service period until 90 days after the summonses were issued. The court also directed Fleischer to notify the court of any address change.

Request for Pro Bono Counsel

The court denied Fleischer’s application asking it to request volunteer counsel, without prejudice to renewal at a later stage. The court explained that appointment of counsel depends on factors including the apparent merits, efforts to obtain a lawyer, and the party’s ability to investigate and present the case without assistance. It found that a more fully developed record was needed before deciding whether counsel was warranted.

Disposition

Judge Ronnie Abrams dismissed Fleischer’s claims against Ralph S. Berger. The court denied the application for pro bono counsel without prejudice, ordered service on Barnard College and Local 2110, and certified that an appeal would not be taken in good faith; it therefore denied fee-free status for an appeal from this order.