Association of Flight Attendants v. Alaska Airlines
| Decision Date | 29 December 1993 |
| Docket Number | No. C93-912R.,C93-912R. |
| Citation | 847 F. Supp. 832 |
| Parties | ASSOCIATION OF FLIGHT ATTENDANTS, AFL-CIO, Plaintiff, v. ALASKA AIRLINES, Defendant. |
| Court | U.S. District Court — Western District of Washington |
Lawrence R. Schwerin, Kathleen Phair Barnard, Schwerin, Burns, Campbell & French, Seattle, WA, Edward J. Gilmartin, Ass'n of Flight Attendants, AFL-CIO, Washington, DC, for plaintiff.
Joan Clarke, Lawrence B. Hannah, Perkins Coie, Bellevue, WA, John J. Gallagher, Paul, Hastings, Janofsky & Walker, Washington, DC, for defendant.
ORDER GRANTING PRELIMINARY INJUNCTION
THIS MATTER comes before the court on plaintiff's application for a preliminary injunction. Having reviewed the application together with all documents filed in support and in opposition, and being fully advised, the court finds and rules as follows:
I. BACKGROUND
Plaintiff, the Association of Flight Attendants, AFL-CIO ("AFA") is a labor organization representing flight attendants employed by defendant Alaska Airlines ("Alaska"). Alaska is a common carrier by air engaged in interstate commerce. This case arises under the Railway Labor Act ("RLA"), 45 U.S.C. § 151, et seq.
The most recent collectively bargained agreement between the AFA and Alaska became amendable in October, 1990. In August or September 1990, the AFA and Alaska began negotiating for a new collective bargaining agreement. Having been unsuccessful, in the fall of 1991 the parties requested and began mediation under the auspices of the National Mediation Board ("NMB"). Despite the mediation with the NMB the parties were not successful in reaching a new agreement. As of May 19, 1993 the NMB mediation efforts were terminated, and a thirty (30) day cooling-off period was announced by the NMB. At the end of the cooling-off period, June 19, 1993, having failed to reach an agreement, the NMB freed the parties to engage in "self-help".
On June 23, 1993 Alaska imposed new rates of pay, and changed some work rules and conditions of the flight attendants. On July 8, 1993 the AFA filed suit in this court alleging bad faith bargaining by Alaska and that Alaska was unlawfully attempting to undermine the union with the imposition of the work rules. The AFA also announced its plans to initiate a campaign of "CHAOS" which is an acronym for "Create Havoc Around Our System".
As part of the CHAOS campaign, a total of twenty-four AFA members have engaged in short-duration work stoppages. Flight attendants scheduled to work seven different Alaska flights have participated in the work stoppages on the following dates, affecting the listed flights: August 20 (flight no. 536); August 24 (flight no. 623); and September 11, 1993 (flight nos. 91, 260, 450, 451, and 455). The flight attendants have reported to work and then, within the hour before the scheduled departure time for the flight, announced to their supervisors and/or the gate agents that they were engaging in strike activity. The union simultaneously notified Alaska of the work stoppages. Then, usually within an hour, the flight attendants informed their supervisors that they were ready to return to work on that or any other flight not subject to an AFA work stoppage. None of the flight attendants were permitted to return to work upon their announcement of willingness to do so. Instead, Alaska used other individuals as flight attendants for six of those flights, and canceled one flight. Alaska also directed the flight attendants to turn in their Alaska identification cards and withdrew their travel pass benefits.
The three flight attendants who participated in the work stoppage on August 20, 1993 offered to return to work while the affected flight, no. 536, was being boarded by passengers. They were told by an Alaska supervisor that they could not return to work. The three CHAOS participants were directed by Alaska to turn in their identification cards and were told their travel pass benefits were withdrawn. The flight attendants were informed by letter dated August 21, 1993 that they had been withheld from service pending investigation. On September 1, 1993 Alaska informed the three flight attendants that they had been reinstated to active service retroactive to August 20, 1993. Flight no. 536 was staffed by three reserve flight attendants already employed by Alaska.
The four flight attendants who participated in the CHAOS work stoppage on August 24, 1993 offered to return to work before the affected flight, no. 623, was boarded by passengers, and before replacement flight attendants arrived. They were told their offers to return would not be accepted and were instructed to surrender their identification badges. The flight attendant's travel privileges were withdrawn. Flight no. 623 was staffed by Alaska employees from other departments. On August 25, 1993 Alaska informed the four flight attendants that they had been permanently replaced. Alaska claims to have permanently replaced the four flight attendants from flight no. 623 with four new employees, hired on August 24, 1993 but who did not staff flight no. 623. One of the four new employees voluntarily resigned on September 4, 1993. Alaska has not offered that position to any of the CHAOS participants.
On September 11, 1993 five CHAOS short-duration work stoppages occurred, involving a total of seventeen flight attendants. As on the other occasions, the flight attendants announced their work stoppage shortly before the scheduled departure of the flight. When they offered to return to work a short while later, their offers were refused and their Alaska identification badges taken from them. The following flights were affected: numbers 91, 260, 450, 451, and 455. Flights no. 91 and no. 455 were staffed by three other Alaska employees. Flight no. 260 was staffed by three other Alaska flight attendants. Flight no. 450 was staffed by four of Alaska's regular reserve flight attendants. Flight no. 451 departed without passengers or flight attendants.
The flight attendants who participated in the September 11 CHAOS stoppages were informed by letter dated September 14, 1993 that they were being placed on "inactive status" and that they would not be permitted to return to work until the AFA renounced its CHAOS campaign and there were vacancies available. Alaska does not contend that it permanently replaced the September 11 CHAOS participants.
Since the beginning of the self-help period, Alaska has sent at least three letters to its flight attendants regarding the CHAOS campaign. The most recent letter, dated September 14, stated that "effective immediately, any flight attendant who participates in an intermittent—or "chaos" —walkout will be discharged from service with Alaska Airlines."
The AFA alleges that Alaska's actions have violated the RLA by going beyond the limits of permissible self-help. The AFA seeks a preliminarily injunction ordering Alaska to do the following: 1) reinstate with back pay and benefits the twenty-one flight attendants involved in CHAOS work stoppages who have not already been reinstated; 2) reinstate all flight attendants who engage in CHAOS work stoppages (in the future) and offer to return to work prior to their permanent replacement; 3) not suspend or withdraw benefits from employees involved in CHAOS work stoppages; as well as enjoin Alaska from the following: 1) "purporting to `permanently replace' employees who have engaged in strike activity unless such `replacements' are in fact working in the strikers' job when the strikers offer unconditionally to return to work and are not otherwise employed by the Company in another capacity"; 2) failing to recall CHAOS participants who were replaced when a flight attendant vacancy occurs; 3) threatening flight attendants in an effort to discourage protected concerted activity; and 4) interfering with the concerted activity of the AFA and the flight attendants in any manner prohibited by the RLA.
II. DISCUSSION
In order to obtain preliminary injunctive relief, the AFA must demonstrate "either (1) a combination of probable success and the possibility of irreparable harm, or (2) that serious questions are raised and the balance of hardship tips in its favor." Arcamuzi v. Continental Air Lines, Inc. ("Arcamuzi"), 819 F.2d 935, 937 (9th Cir.1987) (citation omitted).
As a preliminary matter, the court addresses Alaska's argument that the CHAOS work stoppages are `unprotected' activity. Alaska urges this court to hold that the CHAOS work stoppages are "unprotected" activity under the RLA and thus the employer's response is not limited in the manner it would be if the activity were "protected". Under the National Labor Relations Act, (the "NLRA"), whether an employee's activity is protected or unprotected determines the permissible responses by an employer. See e.g., NLRB v. Insurance Agents' International Union, 361 U.S. 477, 493, 80 S.Ct. 419, 430, 4 L.Ed.2d 454 (1960). The parties have briefed this issue extensively. Alaska argues that once the parties are in the self-help period that general labor law principles apply and thus the categories established under the NLRA apply. The AFA argues that courts have specifically rejected this distinction in RLA cases.
This court finds it persuasive that the only court to address a similar situation of intermittent work stoppages in the RLA context, the Second Circuit in Pan American World Airways, Inc. v. International Brotherhood of Teamsters, etc., 894 F.2d 36 (2d Cir.1990) ("Pan Am"), declined to adopt the NLRA distinctions, stating as follows:
Pan Am argues that intermittent work stoppages are illegal under the RLA because such stoppages are "unprotected" activity under...
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