Member sues Boilermakers Local 13 alleging breach of contract

By Carrie Bradon | Dec 17, 2015

PHILADELPHIA – A New York man is suing his union over claims he suffered injuries at work and was then discriminated against.

James Ciferni filed a complaint on Aug. 24 in the U.S. District Court for the Eastern District of Pennsylvania against Boilermakers Local 13, Joseph Jacoby, Marty Stanton and John Clark, citing breach of collection bargaining agreement and violation of the Americans with Disabilities Amendments Act and Pennsylvania Human Relations Act, and other counts.

According to the complaint, Ciferni was employed as a welder for Boilermakers and in 2005 allegedly sustained injuries during a work-related incident. Due to his injuries, he was forced to take time off of work in order to recover, the complaint states. He later filed a claim against the union when it allegedly refused to list him as a member after returning to duty with restrictions. According to the complaint, in 2012 when Ciferni applied for the shop steward position, Jacoby informed him he was not qualified because of the 2005 claim. The plaintiff purports that it was a breach of contract and violation of ADA for Boilermakers to withhold employment from him.

Ciferni is seeking compensation for all damages and legal fees. He is represented by Patrick Flanigan of the Law Offices of Patrick Flanigan in Swarthmore.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:15-cv-04807

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Boilermakers Local 13 Law Offices of Patrick Flanigan

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