District Court, S.D. New York November 5, 2004, 04 CIV. 2444 (Palumbo v. Manhattan & Bronx Surface Transit Operating Authority)

MEMORANDUM DECISION AND ORDER

ROBINSON, District Judge.

I. Facts and Posture

Nicholas Palumbo (“Plaintiff’) was employed by Defendant Manhattan and Bronx Surface Transit Operating Authority (“Employer”) as a bus operator and was

*494

a member of Defendant Transport Workers Union (“Union”) (or collectively known as the “Defendants”).