Murphree v. Am. Fed'n of Gov't Emps.

• Citation: 850 F.Supp.2d 1256
• Decision Date: 27 March 2012
• Docket Number: No. 4:11–CV–2563–KOB.,4:11–CV–2563–KOB.
• Parties: Jeff MURPHREE, Plaintiff, v. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL–CIO; AFGE Council 220; AFGE Local 3438, Defendants.
• Court: U.S. District Court — Northern District of Alabama

850 F.Supp.2d 1256

Jeff MURPHREE, Plaintiff,

v.AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL–CIO; AFGE Council 220; AFGE Local 3438, Defendants.

No. 4:11–CV–2563–KOB.

United States District Court,

N.D. Alabama,

Middle Division.

March 27, 2012.

Ralph K. Strawn, Jr., Henslee Robertson Strawn & Sullivan LLC, Gadsden, AL, for Plaintiff.

Robert M. Weaver, Quinn Connor Weaver Davies & Rouco LLP, Birmingham, AL, for Defendants.

MEMORANDUM OPINION

KARON OWEN BOWDRE, District Judge.

The mere invocation of a federal statute does not automatically provide a hook to drag a plaintiff into federal court, even if the plaintiff's allegations are somehow connected to that statute. Thus, as this court considers Plaintiff's Motion to Remand (doc. 4), it does not question the degree to which the conduct alleged by the plaintiff overlaps with the Civil Service Reform Act, Pub.L. No. 95–454, 91 Stat. 1111 (1978) (codified in scattered sections of 5 U.S.C.A.), a federal statute enacted to resolve personnel disputes among federal employees. Instead, the court decides whether the CSRA provides a remedy for the conduct the plaintiff alleges in his well-pled complaint.

Plaintiff Jeff Murphree initiated this lawsuit in state court against defendants American Federation of Government Employees (“AFGE”), AFLC–CIO; AFGE Council 220; and AFGE Local 3438 (collectively referred to as “the union defendants”). Mr. Murphree alleges state law claims for defamation, invasion of privacy, and intentional infliction of emotional distress relating to an article published in a union newsletter, “UNITY,” entitled “No Relief from Alleged Harassment.” The UNITY article discussed a female federal employee's harassment claims against Mr. Murphree; referred to Mr. Murphree by name; and detailed some of the allegations against Mr. Murphree, including some of the lascivious statements he allegedly made to the female employee. The article also quoted a union official who stated that Mr. Murphree, among others, should never be allowed to supervise bargaining unit employees in the future.

After Mr. Murphree filed his complaint, the union defendants removed the case to this court, arguing that the matter about which Mr. Murphree filed suit is governed by the Civil Service Reform Act of 1978, Pub.L. No. 95–454, 91 Stat. 1111 (1978) (codified in scattered sections of 5 U.S.C.A.), and that Mr. Murphree's state law claims are, thus, preempted by CSRA. Mr. Murphree filed a motion to remand, contending that his state law claims do not fall within the scope of the CSRA; that his state tort claims are, thus, not preempted; and that removal, therefore, is improper.

The court has reviewed the parties' briefs, the relevant portions of the CSRA, and the applicable case law. For the reasons stated below, the court determines that the CSRA does not cover, and, therefore, does not preempt, Mr. Murphree's claims. Accordingly, Mr. Murphree's motion to remand is due to be granted.

DISCUSSION

The union defendants contend that Mr. Murphree's claims are covered by two different parts of the CSRA. First, the union defendants argue that Title VII of the CSRA, 5 U.S.C. § 7101 et seq., requires Mr. Murphree to use the collective bargaining agreement's negotiated grievance procedure. See5 U.S.C. § 7121. The union defendants also argue that Mr. Murphree alleges unfair labor practices in his complaint, and that Title VII requires him to file all complaints of unfair labor practices with the appropriate administrative agency. See5 U.S.C. § 7118. Second, the union defendants argue, somewhat confusedly, that Mr. Murphree's filing of this lawsuit constitutes a prohibited personnel practice under § 2302, and it is, therefore, preempted under the CSRA.¹

The union defendants misstate the purpose of the CSRA. The statute, although intended to provide fair and efficient mechanisms for resolving employment disputes among civil servants, does not cover all claims remotely related to a person's employment with the federal government. The CSRA addresses a broad, but nevertheless finite, range of disputes, such as adverse personnel actions (Title II of the CSRA) or unfair labor practices (Title VII of the CSRA). Mr. Murphree's state law defamation claims arising out of the publication of the newsletter, however, involve neither an adverse personnel action nor an unfair labor practice. Although the underlying sexual harassment proceedings may have involved some adverse personnel action, Mr. Murphree does not dispute the proceedings or allegedly defamatory statements made within the course of those proceedings. His claims instead address conduct made outside those proceedings.

Because the union defendants removed this case to federal court, they bear the burden of establishing that federal jurisdiction exists, see Leonard v. Enter. Rent a Car, 279 F.3d 967, 972 (11th Cir.2002), and, therefore, must demonstrate to this court what statutory provisions bring Mr. Murphree's claims within the scope of the CSRA and federal jurisdiction. The court concludes that the union defendants have not done so.

A. Overview of the CSRA

The CSRA “ ‘comprehensively overhauled the civil service system’ ... creating an elaborate ‘new framework for evaluating adverse personnel actions against [federal employees]....’ ” United States v. Fausto, 484 U.S. 439, 443, 108 S.Ct. 668, 98 L.Ed.2d 830 (1988) (quoting Lindahl v. OPM, 470 U.S. 768, 773, 105 S.Ct. 1620, 84 L.Ed.2d 674 (1985)). “A leading purpose of the CSRA was to replace the haphazard arrangements for administrative and judicial review of personnel action, part of the ‘outdated patchwork of statutes and rules built up over almost a century’ that was the civil service system.” Fausto, 484 U.S. at 444, 108 S.Ct. 668. The Supreme Court in Fausto, after summarizing the perceived problems with the civil service system before the enactment of the CSRA, explained that “Congress responded to [these perceived problems] by enacting the CSRA, which replaced the patchwork system with an integrated scheme of administrative and judicial review, designed to balance the legitimate interests of the various categories of federal employees with the needs of sound and efficient administration.” See Fausto, 484 U.S. at 444–45, 108 S.Ct. 668.

In Fausto, the Court recognized “three main sections of the CSRA [that] govern personnel action taken against members of the civil service.” See Fausto, 484 U.S. at 445, 108 S.Ct. 668. One section relevant to Mr. Murphree's claims, Chapter 23 of the CSRA, “establishes the principles of the merit system of employment, § 2301, and forbids an agency to engage in ‘prohibited personnel practices,’ including unlawful discrimination, coercion of political activity, nepotism, and reprisal against so-called whistleblowers.” See Fausto, 484 U.S. at 446, 108 S.Ct. 668 (citing 5 U.S.C. § 2302). The CSRA not only forbids agencies from engaging in “prohibited personnel practices,” but also provides an administrative procedure to address the commission of “prohibited personnel practices.” See5 U.S.C. § 1204 (explaining the powers and functions of the Merit Systems Protection Board [“MSPB”] and its role in adjudicating all matters within its jurisdiction under the CSRA); 5 U.S.C. § 1214 (detailing the procedures the Office of Special Counsel takes in investigating “prohibited personnel practices”); see also Carducci v. Regan, 714 F.2d 171, 174 (D.C.Cir.1983) (stating that prohibited personnel practices have been “eliminated ... from direct judicial review.”).

In addition to providing a means of evaluating personnel actions, the CSRA also sets forth guidelines for employee-management relations in Title VII of the CSRA, which governs labor organizations and collective bargaining among federal employees. See5 U.S.C. § 7101 et seq. The union defendants contend that Mr. Murphree's allegations are covered by both Title II and Title VII of the CSRA, that the CSRA—a federal statute—preempts his claims, and that this court, therefore, has subject matter jurisdiction.

B. The CSRA and its relation to removal jurisdiction

A well-worn refrain bears repeating once more: “A removing defendant bears the burden of proving proper federal jurisdiction.” Leonard v. Enter. Rent a Car, 279 F.3d 967, 972 (11th Cir.2002). “Any doubts about the propriety of federal jurisdiction should be resolved in favor of remand to state court.” Adventure Outdoors, Inc. v. Bloomberg, 552 F.3d 1290, 1294 (11th Cir.2008). In determining whether federal jurisdiction exists, courts are to apply the well-pleaded complaint rule, which requires the court to “look to the face of the complaint rather than to defenses, for the existence of a federal question.” Jones v. LMR Int'l, Inc., 457 F.3d 1174, 1178 (11th Cir.2006) (citing Caterpillar Inc. v. Williams, 482 U.S. 386, 392, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987)). While the general rule prohibits removal based on a federal defense, “an exception exists in cases of ‘complete preemption,’ where Congress so ‘completely pre-empt[s] a particular area that any civil complaint ... is necessarily federal in character.’ ” See Jones, 457 F.3d at 1178 (alteration in original) (quoting Metro. Life Ins. Co. v. Taylor, 481 U.S. 58, 63–64, 107 S.Ct. 1542, 95 L.Ed.2d 55 (1987)). “Complete preemption occurs when a federal statute both preempts state substantive law and ‘provides the exclusive cause of action for the claim asserted.’ ” Dial v. Healthspring of Ala., Inc., 541 F.3d 1044, 1047 (11th Cir.2008) (quoting Beneficial Nat'l Bank v. Anderson, 539 U.S. 1, 8, 123 S.Ct. 2058, 156 L.Ed.2d 1 (2003)). “[O]nce an area of state law has been completely pre-empted, any claim purportedly based on that pre-empted state law is considered, from its inception, a federal claim, and therefore arises under federal law.” Atwater v. NFL Players Ass'n, 626 F.3d 1170, 1176 (11th Cir.2010) (quoting Caterpillar, Inc. v. Williams, 482 U.S. 386, 393, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987)...