Adams v. Federal Exp. Corp., 75-2340

Citation547 F.2d 319,94 LRRM 2008
Decision Date16 December 1976
Docket NumberNo. 75-2340,75-2340
Parties94 L.R.R.M. (BNA) 2008, 79 Lab.Cas. P 11,783 Charles ADAMS et al., Plaintiffs-Appellants, v. FEDERAL EXPRESS CORPORATION, Defendant-Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)

Howard R. Paul, Memphis, Tenn., Robert M. Baptiste, Ronald P. Wilder, Jr., Gary S. Witlen, Washington, D.C., for plaintiffs-appellants.

Scott F. May, J. Tucker Morse, Federal Express Corp., Memphis, Tenn., for defendant-appellee.

Before PHILLIPS, Chief Judge, and PECK and McCREE, Circuit Judges.

PHILLIPS, Chief Judge.

This is a joint appeal by the International Brotherhood of Teamsters, Warehousemen and Helpers of America and four individual employees from a decision denying a preliminary injunction and dismissing the Teamsters as a party to the litigation. The memorandum opinion of Chief District Judge Bailey Brown is reported at 90 L.R.R.M. 2742.

The appeal presents two questions:

1. Does an uncertified labor organization have an express or implied right to maintain an action under the Railway Labor Act, 45 U.S.C. § 151 et seq. ? and

2. Did the District Court abuse its discretion in denying the motions for preliminary injunction in the labor dispute involved in this case?

The District Court dismissed the Teamsters' action. We affirm on authority of I.B.T. v. Zantop, 394 F.2d 36 (6th Cir. 1968). We also affirm the judgment of the District Court in denying the motion for preliminary injunction.

I. Jurisdiction

This case centers around an effort by the Teamsters to unionize Federal Express, a chartered air freight carrier engaged in operating a parcel delivery service. As such the defendant company is a common carrier engaged in interstate commerce and subject to the provisions of the Railway Labor Act.

This action was filed by the Teamsters Union and an employee and three former employees of Federal Express alleging violation of § 2, third and fourth of the Act. These sections give the right to employees, inter alia, to organize and bargain collectively through representatives of their own choosing without interference by the carrier. The complaint charges that these rights were violated by the Company's threats, harassment, surveillance activities and selective discharges during the course of the organizational drive. Three individual plaintiffs, Adams, Washington and Andrews, allege that they were discharged because of their Union activities. The complaint seeks their reinstatement with back pay. Plaintiff Lovett avers that he initially was refused re-employment, after a voluntary resignation to enter the Air Force, because of his Union activities, and that he was rehired only because it was mandated by the Military Selective Service Act of 1967. 1 The plaintiff sought a preliminary injunction to restrain the company from: threatening employees with economic reprisals because of their participation in organizational activity on behalf of the Union; interrogating employees about Union activities; engaging in surveillance; and harassing employees.

Except for the fact that Federal Express is a common carrier subject to the Railway Labor Act, this proceeding would be within the exclusive jurisdiction of the National Labor Relations Board and not within the jurisdiction of a United States District Court.

We are reluctant to impose upon a District Court duties analogous to those of the National Labor Relations Board, which are best resolved by an administrative agency, rather than the judiciary. We would prefer to hold that the District Court has no jurisdiction and that exclusive jurisdiction is in the National Mediation Board. Compare Brotherhood of Railway and Steamship Clerks v. United Airlines, 325 F.2d 576 (6th Cir. 1963).

Unfortunately, Congress has not so provided with respect to those parts of the Railway Labor Act here involved. We are bound by compelling judicial precedent to hold that the District Court has jurisdiction. Virginia Railway Co. v. System Federation, 300 U.S. 515, 542-44, 57 S.Ct. 592, 81 L.Ed. 789 (1937); Texas & New Orleans Railroad Co. v. Brotherhood of Railway Clerks, 281 U.S. 548, 567-71, 50 S.Ct. 427, 74 L.Ed. 1034 (1930); Burke v. Compania Mexicana DeAviacion, 433 F.2d 1031 (9th Cir. 1970). See also Chicago & N.W. R. Co. v. Transportation Union, 402 U.S. 570, 577-81, 91 S.Ct. 1731, 29 L.Ed.2d 187 (1971).

II. Status of Uncertified Union

We now come to the question of whether there is a right of action, express or implied, in favor of an uncertified Union under the Act. This question is implicitly answered in the negative by the decision of this court in I.B.T. v. Zantop, supra, 394 F.2d 36 (6th Cir. 1968).

In Zantop the Teamsters filed an action seeking judicial relief against alleged unlawful carrier interference with the statutory rights of employees under the Railway Labor Act. The Teamsters Union was not the certified representative of the employees at the time the suit was instituted or at any time thereafter. The District Court did not question the right of employees, either individually or in concert, to obtain judicial relief for violation of their organizational rights under the statute. It held that an uncertified labor organization could not enforce such rights for the employees it sought to represent. 394 F.2d at 38. After the decision of the District Court, the National Mediation Board certified a rival union as bargaining representative. This court dismissed the appeal as moot. The Teamsters urged that a discharged employee be reinstated with back pay. This court said:

The Teamsters Union also requested that discharged employee Marvin Kagan be reinstated with back pay. This matter cannot be considered by this Court because it involves the private statutory rights of the discharged employee who is not a party to this action.

394 F.2d at 41.

We find no express provision in the Railway Labor Act conferring a right of action on an uncertified Union to file suit on behalf of employees it seeks to represent. Section 2, Fourth. 45 U.S.C. § 152, Fourth, provides that "Employees shall have the right to organize and bargain collectively through representatives of their own choosing." (Emphasis added.) Section 2, Ninth, 45 U.S.C. § 152, Ninth, authorizes the National Mediation Board to determine disputes as to who are the representatives of the employees "designated and authorized in accordance with the requirements of this chapter" and to certify a designated Union as bargaining agent. In the present case the National Mediation Board conducted an election in which the Teamsters received only eleven votes out of 104 eligible employees. The Board found no basis for certifying the Teamsters Union as bargaining representative. The decision of the Board is made an Appendix to this opinion.

We read Zantop to stand implicitly for the proposition that the Railway Labor Act confers no express or implied cause of action in favor of an uncertified union.

On the issue of whether a statute confers an implied right of action, the Supreme Court in Cort v. Ash, 422 U.S. 66, 78, 95 S.Ct. 2080, 2087, 45 L.Ed.2d 26 (1975), said:

In determining whether a private remedy is implicit in a statute not expressly providing one, several factors are relevant. First, is the plaintiff "one of the class for whose especial benefit the statute was enacted," Texas & Pacific R. Co. v. Rigsby, 241 U.S. 33, 39 (36 S.Ct. 482, 484, 60 L.Ed. 874) (1916) (emphasis supplied) that is, does the statute create a federal right in favor of the plaintiff? Second, is there any indication of legislative intent, explicit or implicit, either to create such a remedy or to deny one? See, e. g., National Railroad Passenger Corp. v. National Association of Railroad Passengers, 414 U.S. 453, 458, 460 (94 S.Ct. 690, 693, 694, 38 L.Ed.2d 646) (1974) (Amtrak ). Third, is it consistent with the underlying purposes of the legislative scheme to imply such a remedy for the plaintiff? See, e. g., Amtrak, supra; Securities Investor Protection Corp. v. Barbour, 421 U.S. 412, 423 (95 S.Ct. 1733, 44 L.Ed.2d 317) (1975); Calhoon v. Harvey, 379 U.S. 134 (85 S.Ct. 292, 13 L.Ed.2d 190) (1964).

Applying the foregoing factors enumerated by the Supreme Court, we conclude that the Railway Labor Act confers no implied right of action upon an uncertified union to maintain a suit on behalf of employees it seeks to represent. Accordingly, we affirm the judgment of the District Court in dismissing the action filed by the Teamsters.

III. Injunction

Finally, we consider the scope of review on appeal from the action of the District Court in denying the preliminary injunction. The granting or denial of a preliminary injunction is within the sound judicial discretion of the trial court. Virginia Railway Co. v. System Federation, R.E.D., 300 U.S. 515, 551,...

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