Gropp v. United Airlines, Inc.

• Decision Date: 13 April 1993
• Docket Number: No. 92-1032-Civ-T-17B.,92-1032-Civ-T-17B.
• Citation: 817 F. Supp. 1558
• Parties: Peter C. GROPP III, Arnold D. Pilkington, Rick Q. Dacosta, John P. Hlavacek, and William P. O'Brien, Plaintiffs, v. UNITED AIRLINES, INC., a corporation, and Air Line Pilots Association, International, Defendants.
• Court: U.S. District Court — Middle District of Florida

817 F. Supp. 1558

Peter C. GROPP III, Arnold D. Pilkington, Rick Q. Dacosta, John P. Hlavacek, and William P. O'Brien, Plaintiffs, v. UNITED AIRLINES, INC., a corporation, and Air Line Pilots Association, International, Defendants.

No. 92-1032-Civ-T-17B.

United States District Court, M.D. Florida, Tampa Division.

April 13, 1993.

James J. Cusack, Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, FL, for plaintiffs.

Peter Wolfson Zinober, Zinober & McCrea, Tampa, FL, Tom Jerman, O'Melveny

& Myers, Los Angeles, CA, for United Airlines.

Kevin Christopher Ambler, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., Tampa, FL, Babette A. Ceccotti, Cohen, Weiss & Simon, New York City, for Air Line Pilots Ass'n, Intern.

ORDER ADOPTING REPORT AND RECOMMENDATION

KOVACHEVICH, District Judge.

Plaintiffs, Peter C. Gropp III, Arnold D. Pilkington, Rick Q. Dacosta, John P. Hlavacek, and William P. O'Brien filed an Amended Motion for Preliminary Injunction (Docket No. 12) on August 11, 1992, in which they petition this Court to enjoin Defendants, Air Line Pilots Association, International ("ALPA") and United Airlines, Inc. ("United") from implementing certain allegedly discriminatory actions. This Court, under authority of 28 U.S.C. § 636(b)(1)(B), Rule 72(b) of the Federal Rules of Civil Procedure, and Rule 6.02, Local Rules of the Middle District of Florida, referred the motion to the Honorable Thomas G. Wilson, United States Magistrate Judge, by Order of Referral dated July 29, 1992 (Docket No. 6).

After considering the parties' submissions and oral arguments¹, Judge Wilson, on August 28, 1992, filed a Report and Recommendation ("R & R") (Docket No. 25) wherein he recommends that this Court deny Plaintiff's motion. Judge Wilson determined, first, that Plaintiffs are not likely to succeed on the merits of their claim and, secondly, that Plaintiffs have not demonstrated that they will be irreparably harmed if injunctive relief is not granted. On September 25, 1992, Plaintiffs filed their Objections to Magistrate's Report and Recommendation (Docket No. 28) ("Plaintiff's Objections").² After reviewing Judge Wilson's findings in light of Plaintiff's objections, this Court adopts the Magistrate Judge's report and recommendation.

I. BACKGROUND³

Plaintiff pilots were recruited by United in preparation for an impending strike by ALPA pilots in the Spring of 1985. On May 17, 1985, ALPA struck United and Plaintiffs went to work as "fleet-qualified pilots." A "fleet-qualified pilot" is a pilot who is already qualified to fly aircraft in United's fleet and can begin flying soon after being hired. Plaintiffs continued to be employed by United after the strike was settled in June, 1985, and held valid domicile rights to Miami.⁴

In August of 1991, United decided to close its B-727 based Miami domicile. Subsequently in October, 1991, United gave ALPA official notice of the closing. As a result of closing the Miami domicile, ALPA, through the Master Executive Council ("MEC"), negotiated additional benefits for the pilots who were affected by this closing. In a letter of agreement (the "Agreement") dated December 9, 1991, United and ALPA agreed that any pilot that had transferred out of Miami after January 1, 1990, would be "grandfathered" into any Florida domicile opened by United before January 31, 1997. All of the Plaintiffs transferred out of the Miami domicile after January 1, 1990, but before ALPA was notified of the closing.

In 1992, after obtaining Pan-American World Airways, Inc.'s ("Pan Am") Latin American routes, United decided to re-open the Miami domicile for B-747 type aircraft. Positions on the B-747 aircraft have higher pay rates than positions on other type aircraft such as the B-727. Acting under the Agreement, United notified the Plaintiffs of their "grandfather" rights which would have allowed them to bid back into Miami. Since the B-747 positions are highly desired, other United pilots, not subject to the Agreement, complained to ALPA. As result of this pressure, ALPA, through MEC, began negotiations with United with the intent to ameliorate the Agreement's impact. On June 15, 1992, a revised letter (the "Revised Letter") was distributed under which the "grandfather" rights were limited to pilots that were actually forced to leave Miami after October 31, 1991 (the date of notification). The Revised Letter excluded Plaintiffs from the group of pilots who were granted "grandfather" rights under the Agreement.

Plaintiffs claim that, as a result of intentional discrimination by ALPA, they are being denied contractual rights to be based in Miami. Plaintiffs, through their motion for preliminary injunction, seek to: (1) enjoin ALPA and United from executing, acquiescing in, or implementing the Agreement under the Revised Letter, (2) enjoin ALPA from continuing to allegedly breach its duty of fair representation owed to the Plaintiffs under the Railway Labor Act, and (3) enjoin United from allegedly colluding with ALPA in degradation of ALPA's duty of fair representation.

II. REVIEW OF REPORT AND RECOMMENDATION

This Court must first determine the standard to be applied in reviewing the Magistrate Judge's findings of fact and law. Under the appropriate standard, this Court must then review; (1) the law the Magistrate Judge followed in recommending to grant or deny the motion for preliminary injunction, (2) the law the Magistrate Judge followed which forms the basis of the cause of action, and (3) the Magistrate Judge's findings in light of the plaintiff's objections.

A. Standard of Review.

Under the Federal Magistrate's Act (the "Act"), Congress vested Article III judges with the power to authorize a United States Magistrate Judge to conduct evidentiary hearings. The relevant portion of this act is found at 28 U.S.C. § 636. A district court judge may designate a United States Magistrate Judge to conduct hearings, including evidentiary hearings, in order to submit proposed findings of fact and recommendations (ie. R & R) for the disposition of motions for injunctive relief. 28 U.S.C. § 636(b)(1)(B). Within ten days after being served with a copy of the R & R, any party may file written objections to the proposed findings and recommendations. Id. Section 636(b)(1) also states that a judge of the court shall make a de novo determination of those portions of the R & R to which objection is made. 28 U.S.C. § 636(b)(1).

In U.S. v. Raddatz, 447 U.S. 667, 100 S.Ct. 2406, 65 L.Ed.2d 424 (1980), the Court upheld the constitutionality of this provision of the Act. The Court found that Congress adequately protected the Act against an Article III constitutional challenge by subjecting the Magistrate Judge's proposed findings and recommendations to a de novo determination by the judge, who then exercises ultimate authority to issue an appropriate order. 447 U.S. at 681, 100 S.Ct. at 2415. In Jeffrey S. v. State Board of Education of State of Georgia, 896 F.2d 507, 512 (11th Cir.1990), the court stated that the de novo review requirement is essential to the constitutionality of section 636. The court further stated that section 636(b)(1)'s nonconsensual reference is saved from constitutional infirmity by the retention in the Article III judge of the ultimate adjudicatory power, to be exercised after assistance from and upon the recommendation of the Magistrate Judge. Id. at 512-13 (citing Hall v. Sharpe, 812 F.2d 644, 647 (11th Cir.1987)). Accordingly, the de novo review is based in a realization that only the district court judge can constitutionally dispose of a matter such as that in the instant case.

Rule 72 of the Federal Rules of Civil Procedure places into practice the powers codified in 28 U.S.C. § 636(b)(1).⁵ Rule 72 follows the statutory example and sets forth different provisions for the two types of pretrial matters that can be referred to a Magistrate Judge. The first provision under § 636(b)(1)(A) states in part that a judge may designate a Magistrate Judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief. Rule 72(a) refers to the type a pretrial matter set out in § 636(b)(1)(A) as one that is not dispositive of a claim or defense.

The second provision, under § 636(b)(1)(B), states in part that a judge may designate a Magistrate Judge to conduct hearings, including evidentiary hearings, and to submit proposed findings of fact and recommendations (ie. R & R) for disposition, by a judge, of any motion excepted in subparagraph (A). Thus, subparagraph (B) applies to injunctive relief. Subparagraph (B) also allows any party, within 10 days, to file written objections to such proposed findings and recommendations. Additionally, § 636(b)(1) states that a judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.

Rule 72(b) describes those matters that are excepted in § 636(b)(1)(A) as ones that are dispositive of a claim or defense. Since injunctive relief is excepted from § 636(b)(1)(A), it is dispositive and a R & R submitted by a Magistrate Judge is subject to de novo review by the district judge. This part of Rule 72 also reiterates the need for a timely objection and a de novo determination upon the record. Thus, the Magistrate Judge's R & R in the instant case is reviewed de novo by the district judge who must then accept it, reject it, or modify it, in whole or in part.

The issue of whether the same de novo standard of review is applicable has been addressed by courts in the Eleventh Circuit. In LoConte v. Dugger, 847 F.2d 745 (11th Cir.1988), the court addressed the issue of what standard of review the appellate court would use in reviewing the district court's adoption of a Magistrate Judge's R & R. In do so, the court examined what standard of review the district court was required to use in its review. The court in LoConte...