Judge dismisses security officer’s fair representation claims against his union

He sued in April 2025, bringing three claims: breach of the duty of fair representation – the obligation a union owes to represent members fairly – plus negligence and infliction of emotional distress. On August 11, 2026, the court dismissed all of them. 

The central flaw was structural. A worker who says his union let him down cannot sue on that alone. The court explained this is a “hybrid” claim: the member must prove two things – that the union breached its duty, and that the employer breached the collective bargaining agreement, the contract governing the job. The officer aimed almost everything at the union. He never laid out facts showing how Allied Universal broke the contract by refusing to reinstate him, and without that second half the claim collapsed. 

His negligence and emotional distress claims fell for a linked reason. Because both rested on what the union owed him under the labor contract, federal labor law overrode them through preemption, where federal rules displace state-law claims. The emotional distress claim also failed because nothing he described met the “extreme and outrageous” standard the law demands. 

Late in the case, he tried to add retaliation and discrimination claims, pointing to a text from an alleged supervisor about a transfer he said came after his lawsuit. The court declined, noting those claims pointed at his employer, not the union, and that no complaint against the union was left to amend. 

The dismissal came without prejudice, leaving room to refile. A separate suit against Allied Universal remains pending.