SUPERIOR COURT OF THE VIRGIN ISLANDS
DIVISION OF ST CROIX
SILVER JACKSON,
PLAINTIFF,
SX 14 CV 092
v
ACTION FOR DAMAGES FAILURE
UNITED INDL'STRIAL WORKERS 0F SEAFARFs T0 REPRESENT
INTERNATIONAL UNION AFL C10
DEFENDANT
ORDER
trial Workers of
THIS MATTER is before the Court on Defendant United Indus
ment filed on May 18
Seafares International Union AFL C10 3 Motion tor Summary Judg
2017 In accordance with
2016 The PlaintiffSilver Jackson filed an Opposition on March 1
the Memorandum Opinion of even date it is hereby
International Union
ORDERED that Defendant United Industrial Workers of Seatares
AFL C10 Motion for Summary Judgment is GRANTED It is further
ORDERED that this matter is CLOSED It is further
d on all parties
ORDERED that this Order and the ermdum Opinion be serve
DONE and so ORDERED this L8 day of February 2020
my /
Tamara C I"
MM H OLD W WILLOCKS
Clerk oft /’ c A r fl esiding Judge of the Superior Court
By 1/] , A [11/
ou " e” 1' ’ ’
Dated /1 3/1.!
ISLANDS
SUPERIOR COURT OF THE VIRGIN
DIVISION OF ST CROIX
SILVER JACKSON,
PLAINTIFF,
SX 14 CV 092
V
ACTION FOR DAMAGES FAILURE
Es TO REPRESENT
UNITED INDLSTRIAL WORKERS 0F SEAFAR
INTERNATIONAL UNION AFL C10
Cited as 2020 VI SUPER 028 U
DEFENDANT
Appearances
Eszart A Wynter, Sr , Esq
Law Office of Eszart A Wynter Sr P C
St Croix USVI
For the Plamtzjf
John J Merchant, Esq
United Industrial Workers ofthe Seatares
St CroiX USVI
For the Defendant
MEMORANDUM OPINION
WILLOCKS Presiding Judge
ndant United Industrial Workers of
THIS MATTER is before the Court on Defe
ment
einafter Union ) Motion for Summary Judg
Seafares International Union AFL C10 (her
tiff Silver Jackson (hereinafter
(hereinafier Motion ) filed on May 18 2016 The Plain
sition ) on March I 2017
Plaintiff ) filed an Opposition (hereinafter Oppo
BACKGROUND
the Plaintiff began working for the
According to the Complaint on October 6 2006
ernment ) with the Department of Human
Government of the Virgin Islands (hereinafter Gov
tionship between the
Services (hereinafier DHS ) (Compl if 6 ) Sometime later the rela
As a result on December 19 2011 the Plaintiff
Plaintiffand her employer began to deteriorate
ended for one week (Id {I 24 ) The Union as
was informed that her employment would be susp
Silwr Jackson \ l nion 2020 \l SUN—ROB U
SX 14 CV 092
MEMORANDUM OPINION
Page 2 ol 6
rnment employees including the Plaintiff
the exclusive bargaining representative for all Gove
the
tiffs termination (Id 1i 10 ) On June 1 2012
filed ademand for arbitration due to the Plain
n had been withdrawn without (Id T 10)
Plaintiff learned that the demand for arbitratio
laint alleging that the Union breached the
Consequently the Plaintiff filed the present Comp
under the Collective Bargaining Agreement
contract and its duty of fair representation
(hereinafter CBA )between the parties
STANDARD OF REVIEW
Virgin Islands Rule ofCivil Procedure
$17 Motions for summary judgment are governed by
ted ifthe movant shows that there is no
56 I A motion for summary judgment shall be gran
nt is entitled to judgment as a matter of
genuine dispute as to any material fact and the mova
t the outcome of the suit under the
law As to materiality only those facts that might affec
ary judgment 3
governing law will properly preclude the entry of summ
out to the court that there is no
HS ‘The moving party bears the initial burden of pointing
an absence of evidence to support the
genuine issue of material fact #or in other words
has the burden of setti ng out specific
nonmoving party 5 case 4 The non moving party then
consider the cited materials and other
facts showing a genuine issue for trial 5 The court may
ence or determine the credi bility
materials in the record 6 But the court may not weigh the evid
ence in the light most favo rable to the
of witnesses 7 The Court must consider the record evid
fthat the evidence in the summary judgment
non moving party 8 The court must satisfy itsel
/
‘ V l R Cit P 56 ent
VI Li-XlS >71 >75 (VI 2018)( A summary judgm
V1 R Ci» P 36(3) see Rymer \ [\maII(orp 68 a triahle issue of
ant can demonstrate the absence ot
mm ant is entitled to judgment as a matter ot law it the mo» see
n 60 V l 768 794 (V l 2014) (citations omitted)
material tact in the record ) see also it alters \ ”whe
s ed)
also ”aim“ Martin 34 V1 ’79 387 t2010)(citation omitt
Rymer 68 V I lLXlS >75
2008) [citations omitted)
4 Williams t [Hired Corp 50 V l 191 194 (V l
5 Rymu 68 V I LEXl S D73 76
6 VI R (,i\ P >6(c)(3)
7 See It ill/arm 30 V I at 194 93
R Rymer 68 V I lFXIS 576
Silye/ lac/cw)!“ (man
2020\lSl IIROZSL
SX 14 CV 092
MEMORANDUM OPINION
Page a 01 6
should only grant
record supports this relief 9 Summarvjudgment is a drastic remedy a court
materials on file and
summary judgment when the pleadings the discovery and disclosure
any affidavits show there is no genuine issue as to any material fact ‘0
(Count I) and
In the Complaint the Plaintiff alleges hybrid claims breach of contract
held that in order to
breach of fair representation The Supreme Court ofthe Virgin Islands has
elements for both a
succeed under hybrid claims the plaintiff/employer must establish all the
breach of contract and breach of duty of fair representation 1'
DISCUSSION
A Breach of Contract
of the
The Union claims that summary judgment is appropriate because its withdrawal
the Union as the
Plaintiff‘s grievance did not constitute a breach of contract According to
to decide
exclusive bargaining representative of DHS employees it has the broad discretion
However the Plaintiff
how to pursue an employee 5 grievance against an employer (Mot at 3 )
Plaintiff s grievance
contends that although the Union acknowledges that it abandoned the
failure to contact
claims there are still genuine issues of material fact as to whether the Union
the Plaintiff prior to settling her grievance constitutes a breach of contract
was an
To succeed on a breach of contract claim a plaintiff must Show that (I) there
as a breach of that duty and
agreement (2) a duty yy as created by that agreement (3) there w
(4) damages resulted '
1lan/upoolt (1m loft/re I I 63 VI 36) 383 (VI 2013)
‘0 Scc Rymer ()8 V l l I XIS 575 see also Harlin 54 V1 at 386
V l l EXIS 200 at *7 (Super
ll JOchh 34 V l 416:: Sec (nisar \ lmerlcan l-echa/rrm ofTeachers 2016
bland: 882F2d 733 737(JCI Cir 1989)( [A]n
(t V1 Dcc : 2016)(citing (low I (miernmcmoflirgin
must bring both a claim against the public cmploy er tor breach
employ cc proceeding under 24 V l ( § 361 383
for breach of fair reprcsentation simultaneously The cmploy ee may it
of contract and a claim against the union
the same \t hethcr he sues onc thc
he chooses sue one defendant and not the other but the case hc must proye is
othcr or both )
DL/ Wong (api/u/ Inc 67
‘ Phl/llp‘ Walsh Monsanto 6()\ l 612 6210 l 2017)(citing BIOIli/laldI
V1788 7980120131
Silver Jackson \ ( man
5X 14 CV 092 2020 V1 SUPl-R 028 U
MEMORANDUM OPIMON
Page 6 016
in determining whether to pursue an employee 5 grievance deciding not to continue with a
grievance does not limit one s procedural right when the Union has reasonable basis Here it is
evident that the Union 5 decision was reasonable given the evidence it obtained during
discovery Moreover the Union failure to inform the Plaintiff personally does not constitute
bad faith as a mere oversight does not rise to a level of unreasonableness to constitute a breach
of fair representation Thus the Plaintiff has failed to establish that the Union 5 decision was
arbitrary or done in bad faith Therefore there is no genuine issue as to any material tact
regarding part two of Plaintiffs hybrid claim As a result summary judgment in favor oi the
Union is appropriate as it has established that there are no genuine issues as to any material
facts regarding both hybrid claims
CONCLUSION
Having determined that summary judgment is appropriate as to both the claim ofbreach
ofcontract and breach of fair representation summary judgment will be granted in favor ofthe
Union Consequently the Plaintiffs Complaint shall be dismissed An order consistent with
this memorandum opinion shall follow
DONE and so ORDERED this Ed” of February 2020
ATTEST WM 7&1 %M
Tamara Charles HAROLD W L WILLOCKS
Clerk ofthe Court Presiding Judge of the Superior Court
By
Court Clerk Supervisor
Dated