Caravello v. American Airlines, Inc.

• Decision Date: 06 April 2004
• Docket Number: No. 03-62087-CIV.,03-62087-CIV.
• Citation: 315 F.Supp.2d 1346
• Parties: Thomas CARAVELLO, Plaintiff, v. AMERICAN AIRLINES, INC., Defendant.
• Court: U.S. District Court — Southern District of Florida

315 F.Supp.2d 1346

Thomas CARAVELLO, Plaintiff, v. AMERICAN AIRLINES, INC., Defendant.

No. 03-62087-CIV.

United States District Court, S.D. Florida, Miami Division.

April 6, 2004.

COPYRIGHT MATERIAL OMITTED

Barry Steven Mittelberg, Mittelberg & Nicosia, Fort Lauderdale, FL, for Thomas Caravello, plaintiff.

Terence G. Connor, Kara S. Nickel, Morgan Lewis & Bockius, Miami, FL, for American Airlines, Inc., defendant.

ORDER ON DEFENDANT'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR JUDGMENT ON THE PLEADINGS

ALTONAGA, District Judge.

THIS CAUSE came before the Court upon Defendant, American Airlines, Inc.'s Motion to Dismiss, or in the Alternative, for Judgment on the Pleadings (D.E. 1 & 11). The Court reviewed the written submissions of the parties, applicable law, and heard oral argument on February 9, 2004.

I. Legal Standard on a Motion to Dismiss, and Matters Considered

For purposes of a motion to dismiss, the court must accept the allegations of the complaint as true. United States v. Pemco Aeroplex, Inc., 195 F.3d 1234, 1236 (11th Cir.1999) (en banc). Moreover, the complaint must be viewed in the light most favorable to the plaintiff. St. Joseph's Hosp., Inc. v. Hosp. Corp. of America, 795 F.2d 948, 953 (11th Cir.1986). To warrant a dismissal under Fed.R.Civ.P. 12(b)(6), it must be "clear that no relief could be granted under any set of facts that could be proved consistent with the allegations." Blackston v. Alabama, 30 F.3d 117, 120 (11th Cir.1994) (quoting Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984)). Nonetheless, to survive a motion to dismiss, a plaintiff must do more than merely label his or her claims. Blumel v. Mylander, 919 F.Supp. 423, 425 (M.D.Fla.1996). Thus, dismissal of a complaint or a portion thereof is appropriate when, on the basis of a dispositive issue of law, no construction of the factual allegations will support the cause of action. Marshall County Bd. of Educ. v. Marshall County Gas Dist., 992 F.2d 1171, 1174 (11th Cir.1993). In deciding a motion to dismiss, a court may only examine the four corners of the complaint and not matters outside the complaint without converting the motion to dismiss to a motion for summary judgment. Crowell v. Morgan Stanley Dean Witter Servs., Co., Inc., 87 F.Supp.2d 1287, 1290 (S.D.Fla.2000).

Defendant, American Airlines, Inc. ("American Airlines") has requested that the Court dismiss Plaintiff, Thomas Caravello's ("Caravello") Complaint with prejudice pursuant to Fed.R.Civ.P. 12(b)(6), or in the alternative, enter judgment on the pleadings in favor of American Airlines as to all of Caravello's claims pursuant to Fed.R.Civ.P. Rule 12(c). The Court has analyzed American Airlines' Motion as a motion to dismiss, rather than a motion for judgment on the pleadings. The Court has considered only the allegations of the Complaint and the "Agreement Between American Airlines and Transport Workers Union of America, AFL-CIO Covering Fleet Service Employees of American Airlines, Inc." (the "American-TWU Agreement"). The American-TWU Agreement is attached as Tab A to American Airlines' Memorandum of Law in Support of its Motion to Dismiss,¹ and is incorporated by reference in Count I of the Complaint. Therefore, the American-TWU Agreement is properly considered without converting American Airlines' Motion to Dismiss into a motion for judgment on the pleadings or a motion for summary judgment. See, e.g., Brooks v. Blue Cross and Blue Shield of Florida, Inc., 116 F.3d 1364, 1369 (11th Cir.1997) ("where the plaintiff refers to certain documents in the complaint and these documents are central to the plaintiff's claim, then the court may consider the documents part of the pleadings for purposes of Rule 12(b)(6) dismissal, and the defendant's attaching such documents to the motion to dismiss will not require conversion of the motion into a motion for summary judgment").

II. Allegations of the Complaint

Caravello was employed by American Airlines for ten years and ten months as a ground service representative (or fleet service clerk), and his duties included baggage handling, freight forwarding and cleaning. Caravello suffers from asthma and, as a result, was perceived by American Airlines as being disabled, and "was often encouraged not to take additional time off from work to treat this condition despite the fact that the condition necessitated medical treatment." (Complaint, ¶ 7). It is alleged that Caravello is a member of the Transport Workers Union of America, AFL-CIO ("TWU"), and is a third party beneficiary to the American-TWU Agreement between American Airlines and TWU, Local 568. The American-TWU Agreement is alleged to be the "Employment Agreement" or "Contract for Employment" between Caravello and American Airlines. (Id., ¶¶ 9-10).

Pursuant to the American-TWU Agreement, American Airlines established Rules of Conduct. Paragraph 34 of the Rules of Conduct provides:

34. Dishonesty of any kind in relations with the Company, such as theft or pilferage of Company property, the property of other employees or property of others entrusted to the Company, or misrepresentation in obtaining employee benefits or privileges will be grounds for dismissal and, where the facts warrant, prosecution to the fullest extent of the law. Employees charged with a criminal offense on or off duty, may immediately be withheld from service. Any action constituting a criminal offense, whether on or off duty will be grounds for dismissal.

(Complaint, ¶ 12).

On or about August 25, 2000, criminal charges were filed against Caravello for illegal use of a home computer. Caravello pled no contest to the charges and adjudication was withheld. Caravello promptly informed American Airlines of these charges. On or about May 8, 2002, American Airlines suspended Caravello based on the criminal charges. Three weeks later, on May 31, 2002, Caravello was terminated from his employment based on his "criminal conduct" in violation of paragraph 34 of American Airlines' Rules of Conduct.

The American-TWU Agreement, a collective bargaining agreement, was entered into on March 1, 2001 between TWU, as representative of the fleet service employees, and American Airlines pursuant to the terms of the Railway Labor Act, as amended. The Agreement provides in its preamble that "[i]n making this Agreement, both the company and the employees hereunder recognize their duty to comply with the terms hereof and to cooperate fully, both individually and collectively, for the accomplishment of the intent and purpose of this Agreement." The Agreement recognizes the TWU "as the exclusive and sole collective bargaining agency, with respect to rates of pay, rules and working conditions, for all [fleet service employees, like Caravello] within the United States." (American TWU-Agreement, Article 1) (emphasis added). Article 28 further states, in relevant part:

(a) The Company and the Union agree to make it a matter of record in this Agreement that in accordance with the established policy of the Company and the Union, the provisions of this Agreement will apply equally to all employees regardless of sex, color, race, creed, age, religious preferences, status as a veteran or military reservist, disability or national origin.

(b) The Union recognizes that the Company will have sole jurisdiction of the management and operations of its business, the direction of its working force, the right to maintain discipline and efficiency in its hangars, stations, shops or other places of employment, and the right of the Company to hire, discipline and discharge employees for just cause, subject to the provisions of this Agreement. It is agreed that the rights enumerated in this Article will not be deemed to exclude other preexisting rights of management not enumerated which do not conflict with other provisions of this Agreement.

(c) Any decisions or agreements related to the interpretation or application of this Agreement made jointly by the Company and the Union will be binding on every individual employee claiming or entitled to the benefits of this Agreement.

(Id., Article 28(a), (b), (c)) (bold emphasis in original; italics emphasis added). Thus, under Article 28 of the American-TWU Agreement, American Airlines has sole jurisdiction over the management and operation of its business, including the right to discharge employees for just cause.

Article 30 sets forth the exclusive internal grievance procedure for any employee covered under the American-TWU Agreement who is dismissed by American Airlines, providing for investigation by and appeal to the "Chief Operating Officer," followed by an opportunity to appeal the Chief Operating Officer's decision to the appropriate Board of Adjustment under Article 32. Article 31 provides the exclusive internal grievance procedure for any employee covered by the American-TWU Agreement who believes that he or she has been unjustly dealt with by American Airlines. Under Article 31, a grievance must first be presented to the employee's immediate supervisor for investigation and decision. The employee may then appeal the supervisor's decision to the Chief Operating Officer, and appeal the Chief Operating Officer's decision to the Boards of Adjustment created by Article 32.

Article 32 provides, in relevant part:

(1) Pursuant to the provisions of the Railway Labor Act, as amended, the parties established a System Board of Adjustment, and Area Boards of Adjustment for employees covered by this Agreement.

(2) The Boards will have jurisdiction only over disputes between the Company and the Union or any employee or employees governed by this Agreement growing out of grievances involving interpretation or application of this Agreement including disputes over the content of an employees [sic] personnel file, whether hard copy or electronic, to the extent such information can be used for discipline. The Boards will have no jurisdiction, whatsoever,...