Bryan v. Allied Pilots Ass'n
| Decision Date | 15 June 2020 |
| Docket Number | Case No. 17-cv-12460-DJC |
| Parties | JON L. BRYAN, Plaintiff, v. ALLIED PILOTS ASSOCIATION and AMERICAN AIRLINES, INC., Defendants. |
| Court | U.S. District Court — District of Massachusetts |
Plaintiff Jon L. Bryan ("Bryan") brings this action under the Railway Labor Act ("RLA"). D. 1. Bryan alleged that Defendant Allied Pilots Association ("APA") breached its duty of fair representation (Count I) and Defendant American Airlines breached the terms of the collective bargaining agreement in effect prior to Bryan's termination (Count II). Id. This Court previously dismissed the claim against American Airlines. D. 40. APA now moves for summary judgment on the remaining count. For the reasons stated below, the Court ALLOWS APA's motion, D. 60.
The Court grants summary judgment where there is no genuine dispute as to any material fact and the undisputed facts demonstrate that the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). "A fact is material if it carries with it the potential to affect the outcome of the suit under the applicable law." Santiago-Ramos v. Centennial P.R. Wireless Corp., 217 F.3d 46, 52 (1st Cir. 2000) (quoting Sanchez v. Alvarado, 101 F.3d 223, 227 (1st Cir. 1996)). The movant "bears the burden of demonstrating the absence of a genuine issue of material fact." Carmona v. Toledo, 215 F.3d 124, 132 (1st Cir. 2000); see Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). If the movant meets its burden, the non-moving party may not rest on the allegations or denials in her pleadings, Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256 (1986), but "must, with respect to each issue on which she would bear the burden of proof at trial, demonstrate that a trier of fact could reasonably resolve that issue in her favor," Borges v. Serrano-Isern, 605 F.3d 1, 5 (1st Cir. 2010). "As a general rule, that requires the production of evidence that is 'significant[ly] probative.'" Id. (alteration in original) (quoting Anderson, 477 U.S. at 249). "Neither party may rely on conclusory allegations or unsubstantiated denials, but must identify specific facts derived from the pleadings, depositions, answers to interrogatories, admissions and affidavits to demonstrate either the existence or absence of an issue of fact." Magee v. United States, 121 F.3d 1, 3 (1st Cir. 1997). In conducting this inquiry, the Court "view[s] the record in the light most favorable to the nonmovant, drawing reasonable inferences in his favor." Noonan v. Staples, Inc., 556 F.3d 20, 25 (1st Cir. 2009).
The following facts are drawn from APA's statement of material facts, D. 61, Bryan's response to same, D. 66, and other supporting documents and are undisputed unless otherwise noted.1
Bryan was a captain with US Airways until he retired in 1999. D. 66 Resp.2 ¶ 14. Until 2008, the Air Line Pilots Association ("ALPA") was the duly certified collective bargaining agent for US Airways pilots. D. 66 Resp. ¶ 2. In or around December 1996, Bryan was elected to a two-year term as the chairman of the ALPA Master Executive Council. D. 66 Resp. ¶ 15. During his two-year term, Bryan ceased piloting commercial aircraft and did not participate in any recurrent pilot training. D. 66 Resp. ¶¶ 16, 19. As a result, Bryan's qualification to fly lapsed in 1997. D. 66 Resp. ¶ 19.
US Airways and ALPA agreed to an Early Retirement Program ("ERIP"), which permitted up to 325 pilots to opt into the program to retire between May 1998 and May 2000. D. 66 Resp. ¶¶ 21, 22. Under the ERIP, pilots could designate their preferred retirement date, but US Airways would assign retirement dates based on operational needs and other considerations. D. 66 Resp. ¶ 23. Bryan voluntarily opted into the ERIP in or around March 1998. D. 66 Resp. ¶ 20. In or around the summer of 1998, Bryan sought to enroll in training to regain qualification to fly. D. 66 Resp. ¶ 28. Bryan was scheduled to participate in a training program in August 1998, but his participation was canceled by US Airways. D. 66 Resp. ¶ 29. US Airways advised Bryan that his training was canceled because US Airways determined the training was not an appropriate use of company resources.3 D. 66 Resp. ¶ 30. US Airways selected Bryan to retire on January 1, 1999under the second phase of retirements pursuant to the ERIP. D. 66 Resp. ¶ 35. Bryan received all benefits called for under the ERIP. D. 66 Resp. ¶ 35.
On February 24, 1999, Bryan filed a grievance under the collective bargaining agreement between US Airways and ALPA regarding US Airways' cancellation of his training. D. 66 Resp. ¶ 37. US Airways denied the grievance at the first step of the grievance process, stating, in part, that "Bryan was properly assigned a retirement date . . . and was appropriately withheld from training consistent with the intent of not expending training resources on a pilot scheduled to retire." D. 66 Resp. ¶ 38. US Airways subsequently denied Bryan's grievance at step two of the process on August 2, 2000. D. 66 Resp. ¶ 39. Pursuant to standard practices, the ALPA submitted Bryan's dispute to the U.S. Airways Pilots System Board of Adjustment for arbitration on August 29, 2000. D. 66 Resp. ¶ 40. The issue submitted concerned whether US Airways had acted improperly by "unilaterally and arbitrarily cancelling [Bryan's] training." D. 66 Resp. ¶ 41.
Under ALPA, grievances were handled through a Grievance Committee comprised of pilots. D. 66 Resp. ¶ 42. In January 2004, Bryan sent a letter to the National President of ALPA inquiring about the status of his grievance and requesting that it be scheduled for arbitration. D. 66 Resp. ¶ 43. There is no indication that Bryan received a response to his letter and his grievance was not scheduled for arbitration. D. 66 Resp. ¶ 44. Captain Tracy Parrella ("Parrella") was the Grievance Committee chairman for ALPA from 2003 through 2008. D. 66 Resp. ¶ 51. Parrella made recommendations regarding which grievances were scheduled for arbitration. D. 66 Resp.¶ 54. In June 2004, Bryan emailed Parrella asking that she process his grievance through arbitration, noting that "the passage of five years for processing was excessive." D. 66 Resp. ¶ 56. In or about August 2004, Parrella informed Bryan that his "grandchildren would be dead before arbitration [of his grievance] was scheduled." D. 66 Resp. ¶ 60. ALPA did not schedule Bryan's grievance for arbitration following this communication. See D. 66 Resp. ¶ 59.
In December 2005, Bryan emailed Parrella with a settlement proposal and threatened to commence litigation if no settlement was reached. D. 66 Resp. ¶ 62. ALPA did not conduct settlement negotiations following the letter and Bryan did not commence litigation. D. 66 Resp. ¶ 63. In January 2006, Parrella contacted Bryan and informed him that his grievance would not be scheduled in the "foreseeable future." D. 66 Resp. ¶ 64. In October 2007, Bryan sent a letter to the ALPA National President advising him that ALPA had failed to schedule his grievance for arbitration and referencing the possibility of pursuing a duty of fair representation claim against ALPA, indicating that, if no settlement could be reached, he would be "forced" to seek a legal resolution. D. 66 Resp. ¶¶ 65, 66. ALPA did not schedule Bryan's grievance for arbitration following this communication and Bryan did not commence legal action against ALPA. D. 66 Resp. ¶ 67.
In or around 2008, the US Airways Pilots Association ("USAPA") replaced ALPA as the collective bargaining agent for US Airways pilots. D. 66 Resp. ¶ 45. Parrella was the Grievance Committee chair for USAPA from 2008 through 2012. D. 66 Resp. ¶ 52. During her time as Grievance Committee chair for ALPA and USAPA, Parrella included Bryan's grievance on a list of grievances to be withdrawn by the union. D. 66 Resp. ¶ 69. Bryan contacted Parrella in December 2011 to inquire about the status of his grievance, again threatening legal action regarding the failure of the union to pursue his grievance. D. 66 Resp. ¶¶ 71, 72. Although hisgrievance was not scheduled for arbitration following this communication, Bryan did not initiate any legal action and had no further contact with USAPA concerning the grievance between December 2011 and October 2014. D. 66 ¶¶ 74, 75.
Captain David Ciabattoni ("Ciabattoni") served as the Grievance Committee chair for USAPA beginning in or around 2013 through in or about 2014. D. 66 ¶ 84. During this time, Bryan's grievance was not scheduled for arbitration. D. 66 Resp. ¶ 86. Ciabattoni consulted Captain Doug Mowery ("Mowery"), a former ALPA Grievance Committee chairman, as a subject-matter expert regarding Bryan's grievance. D. 66 Resp. ¶¶ 89, 90. Ciabattoni later included Bryan's grievance on in internal working list indicating that it was a candidate for withdrawal by the union. D. 66 Resp. ¶ 92.
In or around December 2013, US Airways merged into American Airlines. D. 66 Resp. ¶ 7. At the time of the merger, US Airways pilots were represented by USAPA and American Airlines pilots were represented by APA. D. 66 Resp. ¶ 8. In or around September 2014, APA was certified as the collective bargaining agent for the pilots of the merged American Airlines. D. 66 Resp. ¶ 9. APA set up a process whereby former USAPA subject-matter experts would review grievance files and make recommendations regarding which grievances to pursue. D. 66 Resp. ¶ 97. Tricia Kennedy, Esq. ("Kennedy") is the Director of Grievance and Dispute Resolution at APA. D. 66 Resp. ¶ 160. Kennedy asked Ciabattoni to travel to APA to assist with reviewing grievance files. D. 66 Resp. ¶¶ 94, 95. Ciabattoni met with former USAPA representatives, including former USAPA Negotiating Committee chairman Dean Colello ("Colello") and former USAPA Charlotte domicile representative Ron Nelson...
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