INT. ASS'N OF MACHINISTS & AEROSPACE WKRS. v. TWA, 84-6167-CV-SJ.

• Decision Date: 30 January 1985
• Docket Number: No. 84-6167-CV-SJ.,84-6167-CV-SJ.
• Citation: 601 F. Supp. 1363
• Parties: INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, and Air Transport District Lodge 142, International Association of Machinists and Aerospace Workers, Plaintiffs, v. TRANS WORLD AIRLINES, INC., Defendant.
• Court: U.S. District Court — Western District of Missouri

601 F. Supp. 1363

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, and Air Transport District Lodge 142, International Association of Machinists and Aerospace Workers, Plaintiffs, v. TRANS WORLD AIRLINES, INC., Defendant.

No. 84-6167-CV-SJ.

United States District Court, W.D. Missouri, St. Joseph Division.

January 30, 1985.

Michael D. Gordon, Janae L. Schaeffer, Jolley, Moran, Walsh, Hager & Gordon, Kansas City, Mo., for plaintiffs.

Dick H. Woods, Sr., Paul E. Donnelly, Dennis E. Garvin, Stinson, Mag & Fizzell, Kansas City, Mo., for defendant.

MEMORANDUM AND ORDER

SACHS, District Judge.

This lawsuit against Trans World Airlines, Inc. (TWA) was filed on December 19, 1984, by District 142 of the Machinists Union (IAM) and by the International Union, seeking injunctive relief protecting the job assignments of TWA mechanics, some of whom are scheduled to be furloughed. The unions contend that TWA is taking action that would be in violation of the status quo provisions of Section 6 of the Railway Labor Act (45 U.S.C. § 156) in that, pending negotiations of a new contract, TWA is attempting unilaterally to alter the rules or working conditions pertaining to mechanics. In the alternative, the unions contend that if TWA's actions are arguably authorized by the 1983 collective bargaining agreement, and the dispute is characterized as a "minor" one, subject to arbitration, injunctive relief should be granted preserving the status quo pending arbitration, so as to avoid irreparable harm to affected employees.

The principal controversy before the court involves discontinuance of mechanics' work relating to the departure of aircraft and the substituting by TWA of ramp servicemen for signaling and related activities. TWA has recently begun using "powerback" departures at stations where mechanics are staffed. Under a powerback system, the aircraft moves away from the terminal by backing up under its own power, rather than being towed or pushed. A secondary controversy between the parties, involving possibly two layoffs, would reduce mechanics' work involved in "walk-around" inspections and "logbook checks."

At a conference with counsel on the day suit was filed, when plaintiffs sought a temporary restraining order, TWA agreed to postpone the effective day of furloughs relating to the powerback controversy until February 4, 1985. The court then scheduled a hearing on January 2, 1985, on plaintiffs' motion for a preliminary injunction. In order to accommodate the desired briefing schedule, TWA postponed the initial powerback furloughs until February 18, 1985. In its post-hearing brief filed January 18, 1985, TWA now offers to "continue to withhold any furlough action on those employees affected by implementation of powerback" during the course of arbitration, if arbitration is directed by the court, on the assumption that arbitration will be "conducted and completed within a reasonable time." TWA does not, however, offer to withhold any furloughs resulting from the reduction in walk-around and logbook review activities.

At the hearing, TWA agreed that the record then made would suffice for final disposition of this case. Plaintiffs informally notified the court thereafter that they would rest their claim for permanent relief on the record made at the hearing. See January 8, 1985 letter to the court, Document No. 19.

The following opinion is entered in compliance with Rule 52(a), F.R.Civ.P.

SUMMARY OF PERTINENT FACTS

Mechanics, as the name implies, generally deal with the mechanical aspects of the aviation industry. Their hourly wage rate of about $17.00 is about $3.00 in excess of the hourly wage for ramp servicemen (Tr. I 75, 109), who are also represented by the plaintiff unions. Ramp servicemen's job duties include handling baggage and other cargo, transporting food and supplies, and the servicing of aircraft and automotive equipment with fuel, oil and water. The 1983 IAM-TWA agreement provides, however, that a ramp serviceman "shall not perform any mechanical work of any nature."

As a matter of longstanding practice, where mechanics are employed at a station, they have served as the ground crew used in bringing aircraft into place for unloading and have assisted in the physical departure of aircraft. Receipt and dispatch ground work includes signaling (guiding the aircraft), chocking and unchocking of wheels, and the connection and disconnection of communication and electrical lines.

Mechanics are specifically designated by contract to taxi aircraft, and to perform "towing and pushout". See Article 4(a)(7) of the 1983 IAM-TWA agreement, Plaintiffs' Exhibit 7. Tractors are driven by mechanics during the latter activity.

TWA wishes to eliminate mechanics from receipt and dispatch duties. It seeks a contract change reassigning towing and pushouts to ramp servicemen. It contends it already has authority to assign signaling duties and the like to ramp servicemen without a contract change, using the management rights clause in the IAM-TWA collective bargaining agreement. Article 3(c).¹ Where tractors are not needed, as in powerbacks, TWA contends it needs no additional contract authority. The unions contend all arrival and departure ground work at mechanic-staffed stations² is contractually guaranteed to mechanics because the contract provides that "the work of a mechanic shall consist of and include any and all work generally recognized as mechanics' work." Article 4(a)(7). The unions assert that historic assignment practices control under this provision, and, moreover, that the pushout provision of the contract was intended to apply comprehensively to all departures of aircraft in mechanic-staffed stations.

In addition to the contract dispute, which is longstanding, the current case presents the question whether, pending negotiations, TWA can eliminate mechanics from departure activities by unilaterally instituting the powerback procedure, and using ramp servicemen as ground signalmen who will also unchock wheels and disconnect lines. Although plaintiffs do not contest TWA's contractual right to institute powerback at mechanic-staffed stations, they contend that assignment of receipt and dispatch ground work associated with this procedure to ramp servicemen (at mechanic-staffed stations) is a violation of the Act's status quo provisions.

Furlough notices have been sent or will be sent to about 61 mechanics as the result of using powerback at mechanic-staffed stations and reassigning work to ramp servicemen. Furloughed mechanics will have contract rights to "bump" less senior mechanics or may transfer to other less skilled occupations (presumably bumping ramp servicemen, if willing to take reduced pay) rather than being furloughed or changing stations. Transfers may be to other cities, thus causing residential relocation and family problems. The bumping procedures would probably ultimately affect at least 180 employees, using a TWA estimate tripling the number of persons immediately affected.³

In addition to the powerback controversy, a much smaller controversy has arisen because TWA has announced the elimination of certain maintenance operations, which could cause the furloughing of two mechanics somewhere in the TWA system. Specifically, TWA informed the plaintiffs in November, 1984 that implementation of Phase II of the Daily Service Maintenance Program would begin at the first of the year and would consist of eliminating (i) the mechanic walk-around check on through flights and turn-around flights and (ii) the logbook review on turn-around flights. Plaintiffs' Exhibit 15. The walk-around and logbook check functions⁴ have been performed by mechanics for the past decade or more at mechanic-staffed stations. (Tr. I 70-71). Although these job tasks are not specified as exclusive mechanics' work in the 1983 IAM-TWA agreement, Article 4(a)(6) does provide that "a Lead Mechanic will be required to review aircraft log books." TWA contends that the maintenance changes are authorized by the management rights clause and that this controversy concerns solely a change in the time and place that mechanics' work is performed by mechanics. The unions assert that the maintenance changes are a change in the status quo that is untimely during negotiations, if not unauthorized.

In July, 1983, a year before formal contract negotiations began, the union was notified that TWA intended to begin powerback operations at seven stations where there were no mechanics and intended to start powerbacking at other stations subsequently. Plaintiff's Exhibit 18. The notice indicated that ramp servicemen would be used as a ground crew during powerbacking. Prior to November, 1984, TWA never supplied a timetable or other notice of imminent use of powerbacking at stations where mechanics would be relieved of ground crew dispatch duties. A union official apparently objected orally to the July, 1983, notice, insofar as it forecast powerback use without mechanic assistance at mechanic-staffed stations. (Tr. I 98-99)⁵ In any event, powerbacking (without using available mechanic ground assistance) was not initially scheduled until several months after new contract negotiations began, in August, 1984, and after the parties had reached a temporary impasse in negotiations.

The 1983 contract had an expiration date of October 31, 1984. Formal notice of negotiations was given by both sides in August, 1984. In advance of formal notice, however, the parties engaged in informal "pre-negotiation negotiation." TWA advised the unions it intended to supplant mechanics in all receipt and dispatch duties, as an important economy measure. It is unclear whether TWA gave notice that it intended to obtain a contract change (other than the elimination of mechanics from "towing and pushouts") or whether it simply indicated an intent to use powerbacking and reassignments under a claim of management rights. TWA was aware that the unions...