Armco, Inc. v. United Steelworkers of America

• Decision Date: 07 February 2002
• Docket Number: No. 00-3611.,No. 00-3609.,No. 00-3610.,00-3609.,00-3610.,00-3611.
• Citation: 280 F.3d 669
• Parties: ARMCO, INC., Plaintiff-Appellee, v. UNITED STEELWORKERS OF AMERICA, AFL-CIO, Local 169, United Steelworkers of America, AFL-CIO, Billy D. Collins, Dan Martin, and Mark E. Robertson, Defendants-Appellants, v. City of Mansfield, Lydia Reid, and John Fuller, Defendants-Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

280 F.3d 669

ARMCO, INC., Plaintiff-Appellee, v. UNITED STEELWORKERS OF AMERICA, AFL-CIO, Local 169, United Steelworkers of America, AFL-CIO, Billy D. Collins, Dan Martin, and Mark E. Robertson, Defendants-Appellants, v. City of Mansfield, Lydia Reid, and John Fuller, Defendants-Appellees.

No. 00-3609.

No. 00-3610.

No. 00-3611.

United States Court of Appeals, Sixth Circuit.

Argued September 11, 2001.

Decided and Filed February 7, 2002.

COPYRIGHT MATERIAL OMITTED

George E. Yund (argued and briefed), David C. Horn (briefed), Frost, Brown & Todd LLC, Cincinnati, OH, for Plaintiff-Appellee in Nos. 00-3609, 00-3610.

Mark A. Rock (briefed), Timothy J. Gallagher (briefed), Schwarzwald, Rock & McNair, Cleveland, OH, for Defendants-Appellants in No. 00-3609.

Richard P. Goddard (briefed), Maura L. Hughes (argued), Wendy E. Stark (briefed), Calfee, Halter & Griswold LLP, Cleveland, OH, Robert L. Konstam (briefed), City of Mansfield Law Director, Mansfield, OH, for Defendant-Appellee in Nos. 00-3609, 00-3610.

Robert Weinberg (briefed), W. Gary Kohlman, Philip Hostak (argued), Bredhoff & Kaiser, Washington, DC, for Defendants-Appellants in No. 00-3610.

Robert Weinberg, Philip Hostak, Bredhoff & Kaiser, Washington, DC, Mark A. Rock, Timothy J. Gallagher, Schwarswald, Rock & McNair, Cleveland, OH, for Petitioners in No. 00-3611.

George E. Yund (argued), David C. Horn (briefed), Frost, Brown & Todd LLC, Cincinnati, OH, Richard P. Goddard, Maura L. Hughes (argued), Wendy E Stark, Calfee, Halter & Griswold LLP, CLeveland, OH, Robert L. Konstam, City of Mansfield Law Director, Mansfield, OH, for Respondents in No. 00-3611.

Before: DAUGHTREY and GILMAN, Circuit Judges; COHN, Senior District Judge.^*

OPINION

COHN, Senior District Judge.

I. INTRODUCTION

This case arises out of a labor dispute at the Mansfield, Ohio facility of Armco, Inc., a steel manufacturer. In July 1999, Armco filed an action in state court¹ claiming that the defendants-appellants, United Steelworkers of America, AFL CIO; Local 169, United Steelworkers of America AFL CIO; Billy D. Collins; Dan Martin; and Mark E. Robertson, (collectively "the Unions") breached the terms of a collective bargaining agreement (CBA) in violation of the Labor Management Relations Act (LMRA), 29 U.S.C. § 301. The Unions removed the case to federal court.

Armco later amended its complaint to add claims under 42 U.S.C. § 1983, claiming that the Unions and the City of Mansfield, Mayor Lydia Reid, and Mansfield police officer John Fuller (collectively "the City") conspired to shut down Armco's Mansfield facility, in violation of Armco's constitutional rights. Armco and the City reached a settlement of their dispute and asked the district court to approve what they labeled a "consent decree." Over objection of the Unions, and without conducting an evidentiary hearing, the district court signed the consent decree and at the same time signed a certificate of appealability as well as a Memorandum of Opinion for the purpose of "stating its reasons for signing the Consent Decree." See infra.

The Unions now challenge the consent decree, arguing that: (1) the Norris-LaGuardia Act, 29 U.S.C. § 101, deprived the district court of jurisdiction to enter the consent decree in the absence of an evidentiary hearing; (2) the consent decree violates the Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), abstention doctrine because a state court injunction covering the same activity as described in the consent decree has been entered by the Common Pleas Court of Richland County, Ohio in a separately filed case²; (3) the provisions of the consent decree violate fundamental equity and due process principles and the Union's First Amendment rights; and (4) the district court lacked authority to direct the United States Marshals to enforce the consent decree. Armco argues that the Court of Appeals lacks jurisdiction over the consent decree as will be discussed below.

For the following reasons, we conclude that we have jurisdiction over the consent decree under 28 U.S.C. § 1292(a)(1) because it is an injunction. We also conclude that Norris LaGuardia Act divested the district court of jurisdiction to enter the consent decree. Further, we conclude that the district court violated the Younger abstention doctrine. Accordingly, the consent decree must be vacated and the case remanded to the district court to determine whether to bifurcate the claims for damages against the Unions under the § 1983 claim.

II. BACKGROUND

A. Factual and Procedural Background

The district court's Memorandum of Opinion summarizes the factual and procedural background of this case as follows:

A. Factual Background

Plaintiff Armco, Inc. manufactures specialty and stainless steel at a plant in Mansfield, Ohio. The Plaintiff employed approximately 500 hourly and 150 salaried employees at the Mansfield plant. The hourly employees are represented by a union, a local branch (Local 169) of the United Steelworkers of America (collectively the "Union"). Both the International Union and Local 169 are Defendants.

The plant operated pursuant to a collective bargaining agreement ("CBA") between the Union and the Plaintiff. The CBA expired at 12:01 a.m. on September 1, 1999. Immediately upon expiration, the Plaintiff locked out the Union employees. The Plaintiff alleges that, even before the expiration of the CBA, Union members committed acts of sabotage resulting in lost production time. In addition, Union members refused to work overtime, also resulting in lost production time, as well as plant shutdowns on at least three occasions in June and July 1999. The Union Defendants deny they violated the CBA.

In anticipation of potential violence, the Plaintiff hired security guards before the CBA expired. The Union alleges that before the lockout, security guards harassed Union employees, and sexually harassed some female employees. It contends that the presence of the security guards created an unsafe and unhealthy work environment in violation of the CBA. The Plaintiff denies the allegations.

Since the lockout began, the Plaintiff has continued to maintain the security force to protect the plant, salaried employees, and replacement workers. However, there have been instances of violence. (See County Security Agency v. City of Mansfiled, Case No. 1:99CV2507, Court's Memorandum of Opinion date [sic] January 14, 2000.)

On September 3, 1999, the Plaintiff filed [a lawsuit in state court seeking injunctive relief against the Union Defendants.] It sought to limit the pickets and to enjoin violence. Judge James D. Henson issued [a temporary restraining order] the same day.

The Plaintiff alleges, however, that Labor Day weekend [on September 5 and 6, 1999], Union and Mansfield officials, including Mayor Reid, met with Judge Henson about the labor dispute without the presence of any representatives of the Plaintiff. The Plaintiff alleges further that the Defendants asserted improper influence over Judge Henson at that meeting. The Defendants have admitted to the meeting, but deny any impropriety.

On Labor Day, September 6, 1999, upon motion of the Union, Judge Henson issued a TRO enjoining the Plaintiff from using replacement workers [and granting the president of Local 169 or his designee and the Mansfield police the right to inspect vehicles entering or leaving the Armco facility to verify compliance with the TRO.] The Plaintiff objected on the next day, asserting its absolute right to use replacement workers under federal law. It claimed it needed replacements to continue operating its plant. Judge Henson rejected the Plaintiff's objections [but amended the TRO to permit vehicle searches only by the Mansfield police, and not by Union members.] Because of the TRO, the Plaintiff's plant was shutdown [sic] from September 7-9, 1999. On September 9, 1999, the Plaintiff submitted an additional brief, and Judge Henson rescinded the TRO barring replacement workers. The original TRO, prohibiting violence and limiting the pickets, remained in force.

On September 10, 1999, the Plaintiff attempted to bring replacement workers into the plant in a convoy of vehicles. At the plant entrance, the convoy was attacked by an angry mob, which threw objects, smashed windows of the vehicles, and beat replacement workers and security guards, severely injuring some. Defendant John Fuller, a Mansfield police officer, was at the entrance to the plant. The Plaintiff alleges that Officer Fuller, with the approval of City officials, assisted the Union to block the entrance and prevent the replacement workers from entering. Also, he did nothing as Union members and their supporters attacked the convoy when it could not enter the plant.

[On September 28, 1999, the state court entered an agreed preliminary injunction which governed in detail the conduct of Armco and the Union in connection with the labor dispute. On April 20, 2000, a newly assigned state court judge amended the preliminary injunction to require Armco and the Union to monitor the conduct of their employees and members, and granted the City leave to intervene in the state court action as an additional plaintiff. That injunction remains in effect.]

B. Procedural History

[In July] 1999, before the CBA expired, the Plaintiff filed its original Complaint against the International Union, Local 169, and several Union officials (the "Union Defendants"). [On July 28, the defendants removed the case to the district court.] The Plaintiff essentially alleges that the Union Defendants violated the CBA by engaging in a concerted refusal to work overtime. The Union Defendants deny the charges, and assert a counterclaim alleging that the presence of the security force violated the CBA by creating an unsafe and unhealthy work environment.

On November 19, 1999, pursuant to leave of [the district court], the Plaintiff filed its Amended Complaint. It added as Defendants the City of Mansfield,...