Case Caption: Robert Grisar v. American Federation of Teachers, AFL-CIO, St. Croix Federation of Teachers d/b/a AFT Local 1826, Government of the Virgin Islands and Department of EducationCase Number: S. Ct. Civ. No. 2017-0004Date: 06/12/2020Author: Swan, Ive Arlington Citation: 2020 VI 9Summary: The Superior Court did not err in dismissing the complaint of a former junior high school teacher against a union and the Department of Education, alleging claims for breach of the duty of fair representation by the union and breach of contract by the governmental employer. A claim for breach of a union’s duty of fair representation must plead sufficient facts to permit the plausible inference that the union acted arbitrarily, discriminatorily, or in bad faith. The allegations in the present case are conclusory and lacking in necessary factual support. Although under liberal pleading rules legal conclusions can provide the complaint’s framework, these must be supported by factual allegations, and here no facts were alleged that would allow the Superior Court to infer that the union acted arbitrarily, discriminatorily, or in bad faith in not appealing the arbitrator’s decision to deny the plaintiff’s grievance. A labor union does not breach its duty of fair representation merely because it abandons or settles a grievance, even if a court should later decide the grievance was meritorious. Claims for breach of the duty of fair representation and breach of contract are hybrid claims, inextricably interdependent, and to prevail against the employer or the union, the union member must demonstrate breach of the duty of fair representation by the union and breach of contract by the employer. Because this complaint failed to state a claim for breach of the duty of fair representation, the contract claim will not be reviewed. The judgment dismissing the complaint under the Superior Court’s December 6, 2016 memorandum opinion and order is affirmed.Attachment: Open Document or Opinion