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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 THIS MATTER is before the Court on Defendant United Industrial Workers of Seafares International Union AFL C10 3 Motion tor Summary Judgment filed on May 18 2016 The PlaintiffSilver Jackson filed an Opposition on March 1 2017 In accordance with the Memorandum Opinion of even date it is hereby ORDERED that Defendant United Industrial Workers of Seatares International Union AFL C10 Motion for Summary Judgment is GRANTED It is further ORDERED that this matter is CLOSED It is further ORDERED that this Order and the ermdum Opinion be served on all parties DONE and so ORDERED this L8 day of February 2020 my / MM Tamara C I" H OLD W WILLOCKS Clerk oft /’ c A r flesiding Judge of the Superior Court By 1/], A [11/ ou " e” 1' ’ ’ Dated / 1 3/1.! SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST CROIX SILVER JACKSON, PLAINTIFF, SX 14 CV 092 V ACTION FOR DAMAGES FAILURE UNITED INDLSTRIAL WORKERS 0F SEAFAREs TO REPRESENT 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 THIS MATTER is before the Court on Defendant United Industrial Workers of Seafares International Union AFL C10 (hereinafter Union ) Motion for Summary Judgment (hereinafier Motion ) filed on May 18 2016 The Plaintiff Silver Jackson (hereinafter Plaintiff ) filed an Opposition (hereinafter Opposition ) on March I 2017 BACKGROUND According to the Complaint on October 6 2006 the Plaintiff began working for the Government of the Virgin Islands (hereinafter Government ) with the Department of Human Services (hereinafier DHS ) (Compl if 6 ) Sometime later the relationship between the Plaintiffand her employer began to deteriorate As a result on December 19 2011 the Plaintiff was informed that her employment would be suspended for one week (Id {I 24 ) The Union as Silwr Jackson \ l nion SX 14 CV 092 2020 \l SUN—ROB U MEMORANDUM OPINION Page 2 ol 6 the exclusive bargaining representative for all Government employees including the Plaintiff filed ademand for arbitration due to the Plaintiffs termination (Id 1i 10 ) On June 1 2012 the Plaintiff learned that the demand for arbitration had been withdrawn without (Id T 10) Consequently the Plaintiff filed the present Complaint alleging that the Union breached the contract and its duty of fair representation under the Collective Bargaining Agreement (hereinafter CBA )between the parties STANDARD OF REVIEW $17 Motions for summary judgment are governed by Virgin Islands Rule ofCivil Procedure 56 I A motion for summary judgment shall be granted ifthe movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law As to materiality only those facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment 3 HS ‘The moving party bears the initial burden of pointing out to the court that there is no genuine issue of material fact #or in other words an absence of evidence to support the nonmoving party 5 case 4 The non moving party then has the burden of setting out specific facts showing a genuine issue for trial 5 The court may consider the cited materials and other materials in the record 6 But the court may not weigh the evidence or determine the credibility of witnesses 7 The Court must consider the record evidence in the light most favorable to the non moving party 8 The court must satisfy itselfthat the evidence in the summary judgment / ‘ V l R Cit P 56 V1 R Ci» P 36(3) see Rymer \ [\maII(orp 68 VI Li-XlS >71 >75 (VI 2018)( A summary judgment mm ant is entitled to judgment as a matter ot law it the mo» ant can demonstrate the absence ot a triahle issue of material tact in the record ) see also it alters \ ”when 60 V l 768 794 (V l 2014) (citations omitted) see also ”aim“ Martin 34 V1 ’79 387 t2010)(citations omitted) Rymer 68 V I lLXlS >75 4 Williams t [Hired Corp 50 V l 191 194 (V l 2008) [citations omitted) 5 Rymu 68 V I LEXlS 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 SX 14 CV 092 2020\lSl IIROZSL MEMORANDUM OPINION Page a 01 6 record supports this relief 9 Summarvjudgment is a drastic remedy a court should only grant summary judgment when the pleadings the discovery and disclosure materials on file and any affidavits show there is no genuine issue as to any material fact ‘0 In the Complaint the Plaintiff alleges hybrid claims breach of contract (Count I) and breach of fair representation The Supreme Court ofthe Virgin Islands has held that in order to succeed under hybrid claims the plaintiff/employer must establish all the elements for both a breach of contract and breach of duty of fair representation 1' DISCUSSION A Breach of Contract The Union claims that summary judgment is appropriate because its withdrawal of the Plaintiff‘s grievance did not constitute a breach of contract According to the Union as the exclusive bargaining representative of DHS employees it has the broad discretion to decide how to pursue an employee 5 grievance against an employer (Mot at 3 ) However the Plaintiff contends that although the Union acknowledges that it abandoned the Plaintiff s grievance claims there are still genuine issues of material fact as to whether the Union failure to contact the Plaintiff prior to settling her grievance constitutes a breach of contract To succeed on a breach of contract claim a plaintiff must Show that (I) there was an agreement (2) a duty yy as created by that agreement (3) there w as a breach of that duty and (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 ll JOchh 34 V l 416:: Sec (nisar \ lmerlcan l-echa/rrm ofTeachers 2016 V l l EXIS 200 at *7 (Super (t V1 Dcc : 2016)(citing (low I (miernmcmoflirgin bland: 882F2d 733 737(JCI Cir 1989)( [A]n employ cc proceeding under 24 V l ( § 361 383 must bring both a claim against the public cmploy er tor breach of contract and a claim against the union for breach of fair reprcsentation simultaneously The cmploy ee may it he chooses sue one defendant and not the other but the case hc must proye is the same \t hethcr he sues onc thc othcr or both ) ‘ Phl/llp‘ Walsh Monsanto 6()\ l 612 6210 l 2017)(citing BIOIli/laldI DL/ Wong (api/u/ Inc 67 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