Palladino v. American Federation of State, County & Municipal Employees
CourtCourt of Appeals for the Second Circuit
Date FiledOctober 28, 2026
Docket25-2688
StatusUnpublished
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Full Opinion
25-2688-cv
Palladino v. American Federation of State, County & Municipal Employees
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A
SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED
BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1.
WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY
MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE
NOTATION "SUMMARY ORDER"). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A
COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in
the City of New York, on the 28th day of October, two thousand twenty-six.
PRESENT: AMALYA L. KEARSE,
DENNY CHIN,
MYRNA PÉREZ,
Circuit Judges.
_________________________________________________
RALPH PALLADINO,
Plaintiff-Appellant,
v. No. 25-2688-cv
AMERICAN FEDERATION OF STATE,
COUNTY & MUNICIPAL EMPLOYEES,
CARLA INSINGA,
Defendants-Appellees.
_________________________________________________
FOR PLAINTIFF-APPELLANT: DAVID TYKULSKER, David Tykulsker &
Associates, Montclair, New Jersey.
FOR DEFENDANTS-APPELLEES: CHERYL F. KORMAN, Brian L. Bank, Barry
I. Levy, Rivkin Radler LLP, Uniondale,
New York.
Appeal from the United States District Court for the Southern District of
New York (Marrero, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,
ADJUDGED, AND DECREED that the May 13, 2025, and September 25, 2025,
decisions and orders of the district court are AFFIRMED. 1
Plaintiff-Appellant Ralph Palladino, a retired officer of Local 1549 of
Defendant-Appellee American Federation of State, County and Municipal Employees
("AFSCME"), was found guilty, following a union disciplinary hearing, of violating
AFSCME's Financial Standards Code. He was expelled from AFSCME and required to
forfeit $29,980.55 in compensatory time payments he had received as part of his
severance package when he retired. Palladino sued AFSCME and Defendant-Appellee
Carla Insinga, the trial officer and decisionmaker at his hearing, alleging they violated
the Labor Management Reporting and Disclosure Act (the "LMRDA"), 29 U.S.C.
§ 411(a), and the Labor Management Relations Act (the "LMRA"), 29 U.S.C. § 185.
The district court dismissed Palladino's LMRDA claim for failure to state a
claim and his LMRA claim for lack of subject matter jurisdiction. The district court later
1 The district court did not enter final judgment in a separate document as required by
Rule 58 of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 58(a). But "failure to set forth
a judgment or order on a separate document when required by [Rule] 58(a) does not affect the
validity of an appeal from that judgment or order." Fed. R. App. P. 4(a)(7)(B). Under Rule
58(c)(2)(B), the judgment became final 150 days after the order was entered on the docket. See
Fed. R. Civ. P. 58(c)(2)(B).
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denied as futile Palladino's motion for leave to amend his complaint. Palladino now
appeals only the dismissal of his LMRDA claim and denial of leave to amend. We
assume the parties' familiarity with the underlying facts, procedural history, and issues
on appeal.
DISCUSSION
I. Applicable Law
The Court reviews de novo both the dismissal for failure to state a claim
and the denial of leave to amend based on futility. See Kane v. Mount Pleasant Cent. Sch.
Dist., 80 F.4th 101, 106-07 (2d Cir. 2023). "Proposed amendments are futile if they would
fail to cure prior deficiencies or to state a claim under Rule 12(b)(6) of the Federal Rules
of Civil Procedure." Id. at 107 (quoting IBEW Loc. Union No. 58 Pension Tr. Fund &
Annuity Fund v. Royal Bank of Scotland Grp., PLC, 783 F.3d 383, 389 (2d Cir. 2015)). Here,
because Palladino's proposed amended complaint largely tracks his original complaint,
we discuss the dismissal and denial of leave to amend together.
On appeal, Palladino argues that he plausibly alleged that AFSCME and
Insinga denied him a "full and fair hearing," in violation of Section 101(a)(5) of the
LMRDA. Under that section:
No member of any labor organization may be fined, suspended,
expelled, or otherwise disciplined except for nonpayment of dues by
such organization or by any officer thereof unless such member has
been (A) served with written specific charges; (B) given a reasonable
time to prepare his defense; (C) afforded a full and fair hearing.
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29 U.S.C. § 411(a)(5).
The "full and fair hearing" requirement under the LMRDA incorporates
traditional concepts of due process. United States v. Int'l Bhd. of Teamsters, 247 F.3d 370,
385 (2d Cir. 2001). This does not mean, however, that all the due process protections
available in federal courts apply to union disciplinary proceedings. See id. "Such
proceedings need only adhere to the 'basic principles of due process.'" Id. Moreover,
"[w]hile we apply traditional due process concepts, we recognize that a union has a
significant interest in controlling internal discipline, and so do not require the union's
disciplinary proceeding to incorporate the same protections found in criminal
proceedings." Id. (quoting Wellman v. Int'l Union of Operating Eng'rs, 812 F.2d 1204, 1205
(9th Cir. 1987)); see also Int'l Bhd. of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers &
Helpers, AFL-CIO v. Hardeman, 401 U.S. 233, 242-46 (1971) (discussing Congress's intent
to allow unions to govern their own affairs).
II. Application
Palladino contends he was denied a "full and fair hearing" because:
(i) Insinga was a biased trial officer, (ii) he was unfairly prosecuted, and (iii) the guilty
determination rests solely on unreliable hearsay. The district court determined that
Palladino failed to state a claim and that his proposed amendments were futile. We
agree.
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a. Biased Trial Officer
Palladino first argues that Insinga was a biased trial officer who prejudged
the evidence against him because, in a prior proceeding, she determined that the draft
report detailing AFSCME's findings from its audit of Local 1549 (the "Draft Audit") was
reliable. This argument fails.
In the prior proceeding, AFSCME had placed Local 1549 into an
administratorship and suspended all its officers. Insinga presided over the hearing,
considered the Draft Audit (which was based on a review of Local 1549's records),
found numerous violations of the AFSCME's Financial Standards Code, and concluded
that the administratorship was valid. Insinga's involvement and findings in the prior
proceeding did not disqualify her from presiding over Palladino's disciplinary
proceedings, and he has failed to point to specific facts to give rise to a plausible
inference that she was biased or had prejudged the charges against him. Moreover,
Palladino appealed Insinga's decision at two different levels within AFSCME, and both
appeals were denied.
To the extent Palladino insists that alleged departures from union
procedures establish an inference of bias, that argument also fails. The documentary
evidence establishes that the charges were served on Palladino the same day that they
were filed, in accordance with the union's constitutional requirements. Palladino thus
had sufficient opportunity to exercise any right to strike Insinga as the trial officer; his
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contrary argument conflates notice with receipt. Additionally, even if Palladino had
established any violation of the union constitution, he has not established that any such
violation denied him a "full and fair hearing" within the meaning of the LMRDA. See
Int’l Bhd. of Teamsters, 247 F.3d at 387 ("A violation of a procedural provision of a union's
constitution is actionable only if the violation deprived the party of a full and fair
hearing under the LMRDA.").
Accordingly, the district court correctly rejected Palladino's bias claim.
b. Unfair Prosecution
Palladino next argues that he was unfairly subjected to "selective
prosecution" and "ex post facto prosecution" because AFSCME did not charge certain
other individuals. See Appellant's Br. at 16-17, 27-31. He attempts to invoke the Equal
Protection and Ex Post Facto clauses of the U.S. Constitution. Palladino has not cited
any case within this Circuit recognizing such claims under Section 101(a)(5) of the
LMRDA. Nor has he alleged that he was prosecuted based on "impermissible
considerations," as would be required to establish a claim of selective prosecution. See
Harlen Assocs. v. Inc. Vill. of Mineola, 273 F.3d 494, 499 (2d Cir. 2001).
Section 101(a)(5) permits courts to examine whether a union member has
been misled or otherwise prejudiced in the presentation of his defense, but not "to
scrutinize the union regulations in order to determine whether particular conduct may
be punished at all." Hardeman, 401 U.S. at 245. We therefore agree with the district
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court that Palladino's sparse and speculative allegations regarding unfair prosecution --
in both the complaint and his proposed amendments -- fail to state a claim under
Section 101(a)(5) of the LMRDA. Moreover, Palladino was not singled out, as eight
other officials and staff of Local 1549 were charged with violations; six of the other eight
were also found guilty and disciplined.
c. Unreliable Hearsay
Finally, Palladino argues that he was deprived of due process because the
"sole evidence" used to convict him was the "unreliable" Draft Audit. See Appellant's
Br. at 32-35. This argument also fails.
The LMRDA's guarantee of a "full and fair" disciplinary hearing "requires
the charging party to provide some evidence at the disciplinary hearing to support the
charges made." Hardeman, 401 U.S. at 246 (emphasis added). Palladino claims that the
only evidence offered against him was hearsay; yet exhibits attached to his complaint
and proposed amended complaint indicate that not only was the Draft Audit
corroborated by witness testimony and supporting documentation, but also that Insinga
did not rely exclusively on the Draft Audit to determine Palladino's guilt. Palladino
attended the disciplinary hearing, entered his own exhibits into the record, testified in
his defense, cross-examined the representative for the charging parties, and challenged
the evidence against him.
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The evidence presented at the hearing -- which was detailed in Insinga's
thirty-eight-page written decision -- was sufficient under the LMRDA. See Hardeman,
401 U.S. at 246; see also Fitzsimons v. N.Y.C. Dist. Council of Carpenters, No. 23-815, 2024
WL 221550, at *2 (2d Cir. Jan. 22, 2024). Because his conviction was supported by some
evidence, Palladino cannot plausibly allege that he was denied a "full and fair hearing"
under Section 101(a)(5) of the LMRDA. See Hardeman, 401 U.S. at 246 (limiting courts'
review of evidence in union disciplinary proceedings, in light of the "apparent
congressional intent to allow unions to govern their own affairs").
* * *
We have considered Palladino's remaining arguments and find them to be
without merit. Accordingly, we AFFIRM the judgment of the district court.
FOR THE COURT:
Catherine O'Hagan Wolfe, Clerk of Court
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