Gonzalez v. Northwest Airlines, Inc.

CourtNew Jersey Superior Court – Appellate Division
Writing for the CourtBefore Judges ANTELL; SIMPSON
Citation493 A.2d 547,201 N.J.Super. 422
Decision Date10 May 1985
PartiesAlbert M. GONZALEZ, Plaintiff-Respondent, v. NORTHWEST AIRLINES, INC. and James O. Singer, Defendants-Appellants.

Page 422

201 N.J.Super. 422
493 A.2d 547
Albert M. GONZALEZ, Plaintiff-Respondent,
v.
NORTHWEST AIRLINES, INC. and James O. Singer, Defendants-Appellants.
Superior Court of New Jersey,
Appellate Division.
Argued April 23, 1985.
Decided May 10, 1985.

[493 A.2d 548]

Page 424

Carmine A. Iannaccone, Newark, for defendants-appellants (Stryker, Tams & Dill, Newark, attorneys; Carmine A. Iannaccone and Mark M. Tallmadge, Newark, on the briefs).

Robert H. Jaffe, Springfield, for plaintiff-respondent (Jaffe & Schlesinger, Springfield, attorneys; Robert H. Jaffe, Springfield, on the letter brief).

Before Judges ANTELL, J.H. COLEMAN and SIMPSON.

The opinion of the court was delivered by

[493 A.2d 549] SIMPSON, J.A.D.

Defendants Northwest Airlines, Inc. (NWA) and its Newark airport station manager, James O. Singer, appeal from a portion of a July 20, 1984 post-trial order denying Singer's "motion for a directed verdict as to malicious interference and back pay" in

Page 425

an action by plaintiff, a crew chief in the plant maintenance department. The ruling followed a mistrial declared by the trial judge after a 15-day trial resulted in a hung jury as to claims against both defendants of "malicious prosecution" and a claim against Singer of "unlawful interference with a prospective economic advantage."

Gonzalez was discharged from his position on July 30, 1973, with the notice of discharge stating the following cause:

The result of your misuse of company funds whereby you purchased automotive parts, supplies and tools that could not be used on Northwest Airlines' ground equipment, using Northwest Airlines' purchase orders to obtain such items.

Gonzalez grieved his discharge pursuant to the collective bargaining agreement (CBA) between NWA and the International Association of Machinists and aerospace workers, AFL-CIO (IAM), culminating in arbitration before the IAM-NWA System Board of Adjustment (System Board) as required by the Railway Labor Act (RLA), 45 U.S.C.A. § 151 et seq. On January 17, 1977 the System Board, by a 2 to 1 vote, awarded Gonzalez back pay for the period July 30, 1973 to March 15, 1974 ("the date the arbitration could have been decided had it proceeded to hearing on the date scheduled therefor"). The System Board hearing had been adjourned at the behest of Gonzalez until a February 19, 1974 criminal indictment against him had been disposed of. On September 19, 1975 Gonzalez was found not guilty of embezzlement of tools and auto parts of NWA worth $610.99 by a Union County jury.

In January 1976, after acquittal of the criminal charges but before the arbitral hearing, Gonzalez filed a complaint in the United States District Court seeking reinstatement and damages together with an injunction against...

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5 practice notes
  • Alfieri v. CSX Corp., No. 1-89-1749
    • United States
    • United States Appellate Court of Illinois
    • July 18, 1990
    ...preemption of state law tort claims by the RLA. See, e.g., Gonzalez v. Northwest Airlines, Page 171 [147 Ill.Dec. 171] Inc. (1985), 201 N.J.Super. 422, 427, 493 A.2d 547, 550 (wrongful discharge is a minor dispute subject to RLA arbitration); Gray v. Chessie System (D. Maryland 1984), 588 F......
  • Detomaso v. Pan American World Airways, Inc.
    • United States
    • United States State Supreme Court (California)
    • March 23, 1987
    ...R.R. Co. (Mo.App.1985) 690 S.W.2d 508 [emotional distress, wrongful discharge]; Gonzalez v. Northwest Airlines, Inc. (App.Div.1985) 201 N.J.Super. 422, 493 A.2d 547, 550 [wrongful The Magnuson rule is consistent with the United States Supreme Court's recent decision in Allis-Chalmers Corp. ......
  • Harris v. Hirsh
    • United States
    • United States Court of Appeals (New York)
    • June 9, 1994
    ...1337 [D.Md.1984]; see also, Gay v. Affourtit, 1993 WL 438923, 3 [U.S.Dist.Ct., S.D.N.Y.1993], supra; Gonzalez v. Northwest Airlines, 201 N.J.Super. 422, 427-428, 493 A.2d 547 (1985)). The claimed distinction between suits brought against the carrier and those brought against an employee ind......
  • Maher v. New Jersey Transit Rail Operations, Inc.
    • United States
    • New Jersey Superior Court – Appellate Division
    • March 9, 1990
    ...state law claims are preempted by the Federal Railway Labor Act (RLA). The trial court relied on Gonzalez v. Northwest Airlines, Inc., 201 N.J.Super. 422, 427, 493 A.2d 547 (App.Div.1985). There we stated "Wrongful discharges constitute 'minor disputes' under the CBA subject to final, ......
  • Request a trial to view additional results
5 cases
  • Alfieri v. CSX Corp., No. 1-89-1749
    • United States
    • United States Appellate Court of Illinois
    • July 18, 1990
    ...preemption of state law tort claims by the RLA. See, e.g., Gonzalez v. Northwest Airlines, Page 171 [147 Ill.Dec. 171] Inc. (1985), 201 N.J.Super. 422, 427, 493 A.2d 547, 550 (wrongful discharge is a minor dispute subject to RLA arbitration); Gray v. Chessie System (D. Maryland 1984), 588 F......
  • Detomaso v. Pan American World Airways, Inc.
    • United States
    • United States State Supreme Court (California)
    • March 23, 1987
    ...R.R. Co. (Mo.App.1985) 690 S.W.2d 508 [emotional distress, wrongful discharge]; Gonzalez v. Northwest Airlines, Inc. (App.Div.1985) 201 N.J.Super. 422, 493 A.2d 547, 550 [wrongful The Magnuson rule is consistent with the United States Supreme Court's recent decision in Allis-Chalmers Corp. ......
  • Harris v. Hirsh
    • United States
    • United States Court of Appeals (New York)
    • June 9, 1994
    ...1337 [D.Md.1984]; see also, Gay v. Affourtit, 1993 WL 438923, 3 [U.S.Dist.Ct., S.D.N.Y.1993], supra; Gonzalez v. Northwest Airlines, 201 N.J.Super. 422, 427-428, 493 A.2d 547 (1985)). The claimed distinction between suits brought against the carrier and those brought against an employee ind......
  • Maher v. New Jersey Transit Rail Operations, Inc.
    • United States
    • New Jersey Superior Court – Appellate Division
    • March 9, 1990
    ...state law claims are preempted by the Federal Railway Labor Act (RLA). The trial court relied on Gonzalez v. Northwest Airlines, Inc., 201 N.J.Super. 422, 427, 493 A.2d 547 (App.Div.1985). There we stated "Wrongful discharges constitute 'minor disputes' under the CBA subject to final, ......
  • Request a trial to view additional results

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