Air Florida, Inc. v. National Mediation Bd.

• Decision Date: 12 February 1982
• Docket Number: No. 81-1932-Civ-SMA.,81-1932-Civ-SMA.
• Citation: 534 F. Supp. 1
• Parties: AIR FLORIDA, INC., Plaintiff, v. NATIONAL MEDIATION BOARD, Its Chairman Robert J. Brown, Member Robert O. Harris, individually and collectively as its members, and its Executive Secretary, Rowland K. Quinn, Jr.; Air Line Employees Association, the International Association of Machinists and Aerospace Workers, AFL-CIO; the Negotiating Committee of the Airport and Ramp Service Agents of Air Florida, Inc., through its Chairman, Timothy P. O'Brien, Acting on Behalf of a Class or Craft as described in more particularity herein, Defendants.
• Court: U.S. District Court — Southern District of Florida

534 F. Supp. 1

AIR FLORIDA, INC., Plaintiff, v. NATIONAL MEDIATION BOARD, Its Chairman Robert J. Brown, Member Robert O. Harris, individually and collectively as its members, and its Executive Secretary, Rowland K. Quinn, Jr.; Air Line Employees Association, the International Association of Machinists and Aerospace Workers, AFL-CIO; the Negotiating Committee of the Airport and Ramp Service Agents of Air Florida, Inc., through its Chairman, Timothy P. O'Brien, Acting on Behalf of a Class or Craft as described in more particularity herein, Defendants.

No. 81-1932-Civ-SMA.

United States District Court, S. D. Florida, Miami Division.

Omnibus Order January 19, 1982.

Opinion February 12, 1982.

COPYRIGHT MATERIAL OMITTED

Joseph Z. Fleming, Fleming & Huck, Miami, Fla., for Air Florida, Inc.

Barbara Ward, U. S. Dept. of Justice, Washington, D. C., for the Federal Defendants; Ronald M. Etters, National Mediation Bd., Washington, D. C., of counsel.

Wyatt Johnson, Senior Vice President and Gen. Counsel, Air Line Emp. Ass'n., Intern., Chicago, Ill., George H. Tucker, Manners, Amoon, Whatley & Tucker, Miami Springs, Fla., for Intern. Ass'n of Machinists and Aerospace Workers, AFL-CIO.

Joseph P. Manners, Gen. Counsel IAMAW, Washington, D. C., John-Edward Alley, Alley & Alley, Tampa, Fla., for the Negotiating Committee of the Airport and Ramp Service Agents of Air Florida, Inc.

OMNIBUS ORDER

ARONOVITZ, District Judge.

These two causes came before the Court upon the several pending motions of the parties. Both causes of action arise from the May, 1981 Air Line Employees' Association's (hereinafter "ALEA") application pursuant to Section 2, Ninth, of the Railway Labor Act, as amended, 45 U.S.C. § 152, Ninth, for investigation of a representational dispute involving employees of Air Florida, Inc. Subsequent to the ALEA application, The International Association of Machinists and Aerospace Workers, AFL-CIO (hereinafter "IAM"), filed an application to intervene in the dispute. Pursuant to Section 2, Ninth, the National Mediation Board (hereinafter "the Board"), conducted an investigation of the dispute, the scope and form of which is the subject of this dispute, and in order to conduct an employee election, on August 24, 1981, the Board required Air Florida to provide, not later than August 31st, an alphabetical set of employee addresses.

On August 31, 1981, rather than submit the requested employee lists, Air Florida filed suit in Case No. 81-1932-Civ-SMA,^* seeking declaratory, injunctive and equitable relief. Air Florida's Complaint alleges violation of the Board's statutory duty to investigate pursuant to Section 2, Ninth, and violation of the Government in the Sunshine Law, 5 U.S.C. § 552b at § 557(d)(1)(D). Named as Defendants in the suit are the Board and its members, ALEA, IAM and the Negotiating Committee, an employee group who had agreements with Air Florida concerning certain employees. The Board, ALEA and IAM filed Motions to Dismiss the Complaint alleging lack of subject matter jurisdiction, want of ripeness and lack of standing to judicially review the Board's actions, and alleging that the Complaint fails to state a claim under the Government in the Sunshine Act. The Negotiating Committee filed an Answer, Cross-claim and Counterclaim against the Board, ALEA, IAM and Air Florida. Thereafter, the Board, ALEA and IAM filed Motions to Dismiss the Cross-claim for the same reasons asserted in their Motions to Dismiss the Complaint of Air Florida. Air Florida answered the Counterclaim and also filed Motions for Partial Summary Judgment, for Summary Judgment and to Consolidate Case Numbers 81-1932-Civ-SMA and 81-2783-Civ-SMA.

Case number 81-2783-Civ-SMA is a petition suit by the United States of America against Air Florida to enforce the August 24th directive of the Board requesting an alphabetical set of address labels for eligible employee voters. Air Florida filed a Counterclaim and Third Party Complaint against the Board, ALEA, IAM and the Negotiating Committee, which in essence mirrors the Complaint in # 81-1932-Civ-SMA. Air Florida also filed a Motion to Vacate the Court's January 4th Show Cause Order. The Board and the United States of America filed an ore tenus Motion to Dismiss the Counterclaim; there is no evidence of service of the Third Party Complaint on any of the Third Party Defendants.

The Court having considered the various motions and memoranda of law in support thereof, the responses thereto, the extensive argument of counsel at a hearing held on January 18, 1982, and the complete record herein, it is

ORDERED AND ADJUDGED as follows:

1. Air Florida's Motion to Consolidate Case No. 81-1932-Civ-SMA and Case No. 81-2783-Civ-SMA be, and the same is, hereby DENIED. Although argued jointly, each case has been considered separately and severally by the Court in its deliberations and at oral argument and it does not appear necessary or appropriate to consolidate in view of the fact that the nature of each case as well as the relief sought therein is different.

2. The United States of America's Petition to Enforce the Directive of the National Mediation Board be, and the same is, hereby GRANTED, and Air Florida's Motion to Vacate the Show Cause Order is DENIED. The Court deems the said Petition to be a subpoena request, see United States v. Feaster, 376 F.2d 147, 149 (5th Cir. 1967), and Air Florida's Answer fails to set forth any basis at law to show why such a request should not be enforced. The request is made pursuant to the statutory authority of the Board under Section 2, Ninth, which specifically grants the Board authority to obtain and utilize such information as may be deemed necessary by it to carry out investigations into employee representational disputes. Furthermore, the demand is not too indefinite and is competent and reasonably relevant to the Board's lawful purposes. See, United States v. Morton Salt Co., 338 U.S. 632, 652-653, 70 S.Ct. 357, 368-69, 94 L.Ed. 401 (1950); United States v. Feaster, 376 F.2d 147, 149-150 (5th Cir. 1967) (hereinafter "Feaster II).

Accordingly, Air Florida is ORDERED and DIRECTED to produce the requested alphabetical set of employee addresses within twenty-five (25) days herefrom, in Case No. 81-2783-Civ-SMA.^**

3. The Board, ALEA and IAM's Motions to Dismiss Air Florida's Complaint in Case No. 81-1932-Civ-SMA be, and the same are, hereby GRANTED. The law is clear that although Congress mandated in Section 2, Ninth, that the Board investigate representational disputes, it left to the Board the task of determining the methods and procedure to be used. Brotherhood of Railway and Steamship Clerks, etc. v. Ass'n for Benefit of Non-Contract Employees, 380 U.S. 650, 662, 85 S.Ct. 1192, 1198-99, 14 L.Ed.2d 133 (1965). The Board's investigation of classes or crafts is not required to take any particular form and may be informal, nonadversary and without a hearing. Id. The Court finds that the facts stated in Air Florida's verified Complaint, taken as true in this Motion to Dismiss, show an investigation by the Board as to the classes or crafts of Air Florida employees and as to the requisite showing of interest, as evidenced by the Board's receipt and consideration of information offered by Air Florida. Cf., Brotherhood of Railway and Steamship Clerks, supra, at 666, 85 S.Ct. at 1200-01.

Furthermore, Air Florida's suit and claim for relief from the Board request is not ripe for review at this stage of the Board's representational investigation. As the Fifth Circuit stated in United States v. Feaster, 410 F.2d 1354, 1364 (5th Cir. 1969) (hereinafter "Feaster III"):

The Mediation Board has investigated the dispute, has found that it has jurisdiction, and has ordered an election. The administrative process, nonetheless, remains incomplete because the election has not been held and the Mediation Board's certificate, which "is the ultimate finding of fact prerequisite to enforcement by the courts," has not been issued. (citations omitted).

Air Florida's Complaint does not come within one of the three special and narrow Feaster III exceptions to the preclusion of judicial review of National Mediation Board actions. Taking the allegations in the Complaint in a light most favorable to Air Florida, nevertheless, the Board's actions regarding its investigation of the dispute, including the method and manner of investigation, are not instances of constitutional dimension or gross violation of the Railway Labor Act. See, Feaster III, supra, at 1365. Air Florida's allegations do not show that the Board's actions have violated the constitutional rights of Air Florida. See id., at 1366. Likewise, the Board's actions are not infused with error which is of a summa or magna quality. See id., at 1366-68. Leedom v. Kyne, 358 U.S. 184, 79 S.Ct. 180, 3 L.Ed.2d 210 (1958). Therefore, Air Florida's allegations are neither ripe for judicial review nor do they confer subject matter jurisdiction on this Court to review the Board's actions. See, Trans World Airlines v. National Mediation Board, 107 LRRM 2571 (D.D.C.1981).

Additionally, Air Florida lacks standing to challenge the Board's actions. Air Florida is unable to allege any palpable injury in fact suffered as a result of the Board's decision to hold an election. See, Warth v. Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 2206, 45 L.Ed.2d 343 (1975). The election may result in rejection of the unions, thus returning Air Florida to its position before the investigation process. Until an election and possible certification, Air Florida's harm is too speculative and minimal to generate standing to challenge the investigation's form and scope. Trans World Airlines, supra, at 2578-79. Intern'l In-Flight Catering Co., Ltd. v. National Mediation Board, 555 F.2d 712 (9th Cir. 1977), only recognized limited post-certification employer standing to challenge the employer having to deal with an unlawfully and improperly certified bargaining...