Air Line Pilots Ass'n v. Eastern Air Lines, Civ. A. No. 87-2002.

Decision Date15 October 1987
Docket NumberCiv. A. No. 87-2002.
Citation672 F. Supp. 525
PartiesAIR LINE PILOTS ASSOCIATION, Plaintiff, v. EASTERN AIR LINES, Defendant.
CourtU.S. District Court — District of Columbia

James L. Linsey, Cohen, Weiss and Simon, New York City, Jonathan A. Cohen, Air Line Pilot Ass'n, Intern., Washington, D.C., for plaintiff.

Michael J. Madigan, Michelle L. Gilbert, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., for defendant.

ORDER

(Denying Motion to Transfer Venue)

BARRINGTON D. PARKER, District Judge.

Plaintiff, Air Line Pilots Association ("ALPA"), brings this action against Eastern Air Lines ("Eastern") alleging that defendant — in concert with its parent company Texas Air — is attempting to subvert and undermine ALPA's status as the exclusive collective bargaining representative for pilots employed by Eastern. According to plaintiff, this subversion is accomplished by transferring Eastern's assets and work opportunities to non-union Texas Air subsidiaries. Relying upon the Railway Labor Act, 45 U.S.C. § 151 et seq. ("RLA"), plaintiff seeks injunctive, declaratory and monetary relief. Eastern denies the allegations and at the same time has moved to transfer this proceeding to the Southern District of Florida pursuant to 28 U.S.C. § 1404(a).1 Defendant contends that the interests of justice warrant transferring this action because the Florida Court already has jurisdiction over an action involving the same parties and similar factual and legal issues. Eastern also claims that Florida is a more convenient forum for the parties and witnesses. In opposition to the motion, plaintiff argues that this action involves different issues from those presented in the Florida action and that, in any event, the case is no longer pending in Florida.2 It also argues that defendant has not met its burden in demonstrating that Florida would be a more convenient forum.

For the reasons set forth below, the Court finds that Eastern has failed to demonstrate that a transfer of venue is warranted and its motion to transfer is denied.

In considering a Section 1404(a) motion, the Court must take into account the interests in conserving judicial resources, the convenience of the parties and witnesses, access to sources of proof, and practical considerations in facilitating a final resolution of the litigation in an expeditious and inexpensive manner. See Comptroller of Currency v. Calhoun First National Bank, 626 F.Supp. 137, 139, 141 (D.D.C.1985); SEC v. Page Airways, Inc., 464 F.Supp. 461, 463 (D.D.C.1978). Plaintiff's choice of forum is given paramount consideration and the burden of demonstrating that an action should be transferred is on the movant. See Inter. B'hd of Painters v. Best Painting and Sandblaster Co., 621 F.Supp. 906, 907 (D.D.C.1985).

Defendant purports that transferring this action to the Florida federal court would conserve judicial resources because the underlying concern motivating both actions is identical: Eastern is attempting to undermine the representational status of ALPA — and the presiding judge in Florida is already familiar with the factual and legal issues of this claim.3

Contrary to defendant's contention, the legal issues are not the same nor are they predicated on similar factual matters. See National Union Fire Ins. v. R.H. Weber Exploration, 605 F.Supp. 1299, 1303 (S.D.N.Y.1985) ("A prime factor to be considered is whether the issues in both actions are substantially the same and whether their determination rests upon the same factual matters.") The major issue before the Florida Court was whether the parties had a "meeting of the minds" and entered into a collective bargaining agreement. After scrutinizing the facts surrounding the negotiation, signing, and ratification of the agreement and analyzing the case law concerning contract formation, the Court entered summary judgment on behalf of ALPA concluding that the parties had entered into a valid collective bargaining agreement. Eastern was then ordered to submit to arbitration pursuant to the provisions of the RLA. In contrast, this case concerns alleged violations of the RLA, specifically whether Eastern's transfer of work and work opportunities to non-union subsidiaries violates the RLA's collective bargaining, status quo and representational provisions, 45 U.S.C. §§ 152 and 156. To resolve ALPA's complaint, the Court will need to elicit facts concerning Eastern's alleged diversion of work or work opportunities, determine whether these allegations are true, and if so, analyze whether such asset transfers constitute a violation of the company's obligations under the RLA. These factual and legal matters were never examined in the Florida action. In fact, on May 8, 1987, the Florida Court specifically stayed any discovery into these matters as irrelevant to the contract dispute. Because the factual and legal matters relevant to this suit would be fresh and novel to the Florida Court, transfer to that court would not serve the interests of judicial efficiency.

The second reason advanced for transfer is that trial of this action in Florida would be more convenient to the parties and their respective witnesses. Defendant points out that Eastern is headquartered in Miami as is all the supporting documentation necessary to support the action. Though Eastern concedes that ALPA's headquarters is located in Washington, D.C., it contends that the real party in interest is the Master Executive Council ("MEC") which represents ALPA membership at Eastern. The MEC is headquartered in Florida and would not be inconvenienced by litigating in that state.

One measure of convenience to the parties is the expense of transportation and the length of time that witnesses would be absent from their jobs. Hotel Constructors Inc. v. Seagrave Corp., 543 F.Supp. 1048, 1051 (N.D.Ill.1982). According to this measure, neither party will be inconvenienced by litigating this action in the District of Columbia ("District" or "D.C."). Indeed, ALPA has identified several potential witnesses who reside in the District. Declaration by James L. Linsey, Sept. 27, 1987 at 3. Further, many of ALPA's officers who reside outside this region regularly do business in the District and will not be inconvenienced if called to testify in this forum. Similarly, Eastern would not be financially burdened by defending this litigation in the District. Even if several of Eastern's witnesses reside in Miami, the company can fly them to D.C. at negligible expense and effort. Furthermore, several of Eastern's executives listed as potential witnesses frequently travel to this district and have recently attended lengthy depositions in connection with a separate proceeding which Eastern chose to institute in this forum against ALPA, Eastern Air Lines Inc. v. The Air Line Pilots Association, No. 87-1063 (filed D.D.C. Apr. 16, 1987). Declaration of James L. Linsey, Oct. 6, 1987 at 4. If Eastern can choose...

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