Gerald Nelson v. New York City Transit Authority, et al.

This Petition presents federal questions based on 301 Labor Management (duty of fair representation) and public employees,Eleventh Amendment, Seventh Amendment,Wrongful Discharge, and 60 B rule in an action that was Removed to Federal Court, the defendants then claimed lack of subject matter jurisdiction, after the summons and complaint was amended. The District Court dismissed plaintiff’s amended complaint based on failure to state a claim, because defendants were a Political Subdivision and Union with immunity.

1. Whether a political subdivision has immunity under 301 labor management (duty of fair representation/public employees) ?

2. Whether 301 labor management warrants a jury trial ?

3. Whether a political subdivision and union waive their immunity based on A wrongful discharge claim, when federal jurisdiction is invoked ?

4. Whether the district court made a mistake under the 60 B rule, when the case was dismissed for failure to state a claim /Rule 12(b)(6) with Prejudice ?