Montgomery v. Compass Airlines, LLC, Civil No. 14–557 JRT/FLN.

• Citation: 98 F.Supp.3d 1012
• Decision Date: 30 March 2015
• Docket Number: Civil No. 14–557 JRT/FLN.
• Parties: Jeanie MONTGOMERY, Plaintiff, v. COMPASS AIRLINES, LLC, Defendant.
• Court: U.S. District Court — District of Minnesota

98 F.Supp.3d 1012

Jeanie MONTGOMERY, Plaintiff

v.COMPASS AIRLINES, LLC, Defendant.

Civil No. 14–557 JRT/FLN.

United States District Court, D. Minnesota.

Signed March 30, 2015.

Mark A. Greenman, Law Office of Mark A. Greenman, Minneapolis, MN, for plaintiff.

Rodney A. Harrison, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., St. Louis, MO, Hal A. Shillingstad, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Minneapolis, MN, and David J.A. Hayes III, Compass Airlines LLC, St. Louis, MO, for defendant.

MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

JOHN R. TUNHEIM, District Judge.

Plaintiff Jeanie Montgomery brings this action against her former employer, Defendant Compass Airlines, LLC (“Compass”), for a violation of the Family and Medical Leave Act (“FMLA”) and for defamation and negligent infliction of emotional distress. Montgomery, a flight attendant for Compass from 2008 to 2013, suffers from migraine headaches and sinus infections. She alleges that Compass denied her protections to which she was entitled under the FMLA when she requested medical leave, defaming her in the process. Compass moved to dismiss Montgomery's complaint for lack of subject matter jurisdiction and failure to state a claim. On January 30, 2015, United States Magistrate Judge Franklin L. Noel issued a Report and Recommendation (“R & R”), recommending that the Court grant Compass's motion to dismiss. The Magistrate Judge concluded that Montgomery's FMLA claim is subject to mandatory arbitration under Compass's collective bargaining agreement and that supplemental jurisdiction over the remaining state law claims would not be appropriate.

This matter is now before the Court on Montgomery's objection to the Magistrate Judge's R & R. Because the Court concludes that Compass's collective bargaining agreement contains a clear and unmistakable agreement to arbitrate disputes arising under the FMLA, the Court will overrule Montgomery's objection, adopt the R & R, and grant Compass's motion to dismiss this action for lack of subject matter jurisdiction.

BACKGROUND

I. FMLA LEAVE REQUESTS AND TERMINATION

Montgomery was employed as a flight attendant by Minnesota-based air carrier Compass from February 2008 to December 13, 2013. (Second Am. Compl. (“Compl.”) ¶ 5, June 18, 2014, Docket No. 10; Decl. of Nicole Mielke (“Mielke Decl.”) ¶ 2, July 30, 2014, Docket No. 18.) Montgomery suffers from migraine headaches and sinus infections that caused her to begin missing work in 2013. (Compl. ¶¶ 6–7.) So that she would not be penalized under Compass's absenteeism policy for future absences caused by her medical conditions, Montgomery requested intermittent FMLA leave in September 2013. (Id. ¶ 8.) Along with her request for leave, Montgomery submitted a certification of health that was signed and faxed to Compass by her doctor. (Id. ¶ 9.) Because the certification did not specify the number, duration, or intervals of Montgomery's expected treatments, Compass denied her request for FMLA leave. (Id. ¶ 10.)

In response to Compass's reason for denying her leave, Montgomery got a corrected version of the certification of health and submitted it to Compass. (Id. ¶ 11.) The revised certification was signed by a nurse, rather than Montgomery's treating physician. (Id. ¶ 12.) Instead of automatically denying Montgomery's revised request for leave, Compass insisted that she submit to a medical exam performed by a physician with SSM Medical Group, a health care provider with which Compass routinely contracts. (Id. ¶¶ 13–14.) Montgomery complied with the requirement on October 18, 2013. (Id. ) At the exam, the doctor informed Montgomery that she was not fit for duty as a flight attendant. (Id. ¶ 14.)

Montgomery contested the finding that she was unfit for duty. Her personal physician sent a letter to Compass on November 12, 2013, explaining that he believed she was fit to fly and not suffering from any conditions that would prohibit her from performing her duties as a flight attendant. (Id. ¶ 15.) On November 15, 2013, Compass denied Montgomery's request for leave once again, however, citing the SSM Medical Group doctor's conclusion that she was unfit for duty. (Id. ¶ 16.) At that time, Compass also informed Montgomery that they would be charging her October and November absences as sick days not covered by FMLA leave. (Id. ) Montgomery requested that her fitness for duty be evaluated by an outside physician chosen by her doctor and Compass's doctor, but Compass refused. (Id. ¶¶ 17–18.)

Compass then sent Montgomery an email on December 9, 2013, expressing concern that she may have submitted “fraudulent, forged and/or altered documentation in connection with a request for leave under the FMLA.” (Id. ¶ 19.) Compass informed Montgomery that a meeting would be held on December 12, 2013 to discuss this concern. (Id. ) Compass did not attempt to contact Montgomery's doctor to verify the authenticity of the certification of health, (id. ¶ 20), but her doctor proactively sent a memorandum to Compass on December 10, 2013, affirming that the certifications Montgomery submitted were authentic, unaltered, and completed by the physician and his staff, (id. ¶ 21).

Montgomery attended the December 12, 2013 meeting, at which Nicole Mielke, Compass's manager of inflight operations, stated that Montgomery “submitted fraudulent, forged and/or altered documentation in connection with a request for leave under the FMLA.” (Id. ¶ 22; Mielke Decl. ¶ 3.) This statement was made in the presence of Catriona Bagley, a representative from the Association of Flight Attendants (“AFA”) union, who was present at the meeting on Montgomery's behalf. (Compl. ¶ 22; Mielke Decl. ¶ 13; id., Ex. C at 3–4.)¹ The following day, Compass sent Montgomery a letter terminating her employment “for submitting fraudulent, forged and/or altered documentation in connection with a request for leave under the Family and Medical Leave Act (FMLA).” (Compl. ¶ 23.)

II. COLLECTIVE BARGAINING AGREEMENT

When Montgomery applied for a position as a flight attendant with Compass, she signed a document entitled “Application Certification and Agreement,” agreeing to submit “any legal claims or disputes that Compass and [Montgomery] may have ... [to] final and binding arbitration, conducted pursuant to the American Arbitration Association's National Employment Dispute Resolution Rules, before one neutral arbitrator, who shall be selected by mutual agreement of the parties and bound to follow the applicable law.” (Compass's Mem. in Supp. of Mot. to Dismiss, Ex. 1 (“Applicant Certification and Agreement”) at 2, July 30, 2014, Docket No. 19.) That Agreement remained in effect, and then on May 1, 2013, the AFA entered into a collective bargaining agreement (“CBA”) with Compass. (Mielke Decl. ¶ 7.)

The CBA regulates the terms of flight attendants' employment and provides rules and conditions for a wide range of employment matters, including leaves of absence, medical examinations, discipline, and termination. (Id., Ex. A (Compass CBA (“CBA”)).) It also includes a set of procedures for employees to file grievances. (Id. at 41–45.) For grievances that are not settled in accordance with the initial process, the CBA has established an arbitration system called the System Board of Adjustment (“System Board”). (Id. at 46–50.) As laid out in Section 11 of the CBA, the System Board hears and decides grievances, and its decisions are “final and binding” on the parties. (Id. at 46, 50.)

In addition to the grievance process and creation of the System Board, the CBA contains another provision relevant to Montgomery's action. Section 14 of the CBA governs leaves of absence due to a number of different causes, both health-related and not. (Id. at 55–58.) Section 14.D states that Compass “will comply with the provisions of the Family and Medical Leave Act (FMLA). FML will run concurrent with any other leave, including sick leave, granted pursuant to this Agreement.” (Id. at 55.) Section 14.K also notes that “[a] Flight Attendant may be required to provide supporting documentation related to eligibility for a leave of absence.” (Id. at 58.)

III. PROCEDURAL HISTORY

Montgomery's union filed a grievance on her behalf on December 20, 2013, alleging that she was terminated without cause. (Mielke Decl. ¶ 14; id., Ex. B (Termination Letter) at 2.) Montgomery separately filed this action on February 28, 2014. ( [Original] Compl., Feb. 28, 2014, Docket No. 1.) On July 30, 2014, Compass moved to dismiss Montgomery's action for lack of subject matter jurisdiction and failure to state a claim. (Def.'s Mot. to Dismiss, July 30, 2014, Docket No. 16.) Compass maintained that the CBA required Montgomery to submit her FMLA claim to arbitration before the System Board. On January 30, 2015, the Magistrate Judge issued a Report and Recommendation (“R & R”) recommending that the Court grant Compass's motion and dismiss Montgomery's action without prejudice. (Report & Recommendation (“R & R”) at 14, Jan. 30, 2015, Docket No. 35.) Montgomery timely objected to the R & R. (Pl.'s Objections to the Magistrate Judge's R & R, Feb. 13, 2015, Docket No. 36.) This matter is now before the Court on Montgomery's objections.

ANALYSIS

I. STANDARD OF REVIEW

Upon the filing of a report and recommendation by a magistrate judge, a party may “serve and file specific written objections to the proposed findings and recommendations.” Fed.R.Civ.P. 72(b)(2) ; accord D. Minn. LR 72.2(b). “The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to.” Fed.R.Civ.P. 72(b)(3). “The objections should specify the portions of the magistrate judge's report and recommendation to which objections are made and provide a basis for those objections.” Mayer v. Walvatne, No. 07–1958, 2008 WL 4527774, at *2 (D.Minn. Sept. 28, 2008). Objections which are not specific but merely repeat arguments presented to and considered by a magistrate...