United States District Court, D. Connecticut
OPINION AND ORDER (DOCS. 36, 38)
Geoffrey W. Crawford, Judge United States District Court
Andrew Klotsche is employed as a security officer by Yale
University. He is a member of the International Union,
Security, Police and Fire Professionals of America, Local No.
502 (the "Union"). He brings this action against
his employer and the Union under section 301 of the Labor
Management Relations Act (LMRA), 29 U.S.C. § 185. He
seeks damages arising from a one-day unpaid suspension
imposed by Yale for violations of the rules governing his
employment. He alleges that the disciplinary measures imposed
upon him violate both the provisions of the collective
bargaining agreement (CBA) and the Union's duty of fair
representation. (See Am. Compl,, Doc. 17.)
following facts are drawn from the amended complaint, from
the defendants' statement of undisputed facts which were
admitted by the plaintiff, and from Mr. Klotsche's
deposition transcript. There are few disputed facts. When a
fact is disputed, the court has accepted Mr. Klotsche's
version of events. The court cites paragraphs from Yale's
Statement of Material Facts ("SOF') (Doc. 37), and
from the Union's statement (Doc. 38 at 13-16). All
statements were admitted, sometimes with disclaimers. (Doc.
Andrew Klotsche has been employed since 2008 as a Yale
University security officer. (Klotsche Dep. 7:24, Doc. 38-2.)
His duties include patrolling university properties,
responding to lock-out requests and alarms of all kinds, and
making certain that gates and lights are functioning.
(Klotsche Dep. 9:8-13.) Maintaining a visible security
presence on the Yale campus is an important part of the job.
contemplates a progressive discipline
structure. The lowest form of discipline is a verbal
warning. (Klotsche Dep. 91:9-14.) The next level of
discipline is a written warning. (Id. at 92:13-14.)
After a written warning, the next level of discipline is a
suspension. (See Id. at 93:9-12.) The CBA states
that "[discipline older than eighteen (18) months does
not serve as a basis for progressive discipline, except
incases of serious misconduct... ." (Doc. 49 at 14.)
Nothing in the CBA explicitly requires Yale to treat each
infraction separately for the purposes of imposing
Klotsche's disciplinary history at Yale prior to the
events giving rise to this case is as follows:
1. 2009 - counseled for being in possession of the master set
of keys to Pierson College in violation of department policy.
2. December 2010 - supervisor found Mr. Klotsche reading
textbooks and taking notes when he should have been working.
3. April 2011 - counseled for congregating with fellow
4. September 2011 - verbal warning for being outside the
location he was assigned to patrol.
5. August 2011 - counseled concerning proper bike attire.
6. January 9, 2013 - supervisors found him in the basement of
Branford College sitting at a table with his jacket and duty
belt removed. He had a textbook open and was writing on a
pad. Me was in possession of the keys to the residential
college in violation of policy. Mr. Klotsche told his
supervisor that he was not concerned about being
"written up" because he would only receive
counseling or a written warning.
7. January 11, 2013 - supervisor found him in die basement of
Jonathan Edwards College when he should have been providing a
visible, uniformed presence. He was also in ...