Professional Hel. Pilots, Loc. 102 v. Lear Siegler

• Decision Date: 26 July 2004
• Docket Number: No. CIV.A. 1:03CV625-A.,CIV.A. 1:03CV625-A.
• Citation: 326 F.Supp.2d 1305
• Parties: PROFESSIONAL HELICOPTER PILOTS ASSOCIATION, OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, LOCAL 102 Plaintiff, v. LEAR SIEGLER SERVICES, INC., Guadalupe Hernandez, and Robert Bernal, Defendants.
• Court: U.S. District Court — Middle District of Alabama

326 F.Supp.2d 1305

PROFESSIONAL HELICOPTER PILOTS ASSOCIATION, OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, LOCAL 102 Plaintiff, v. LEAR SIEGLER SERVICES, INC., Guadalupe Hernandez, and Robert Bernal, Defendants.

No. CIV.A. 1:03CV625-A.

United States District Court, M.D. Alabama, Southern Division.

July 26, 2004.

Melvin S. Schwarzwald, Schwarzwald & McNair, Timothy Joseph Gallagher, Schwarzwald & McNair, Cleveland, OH, for Professional Helicopter Pilots Association, Office and Professional Employees International Union, Local 102, Plaintiff.

Elmer E. White, III, The Kullman Firm, Birmingham, AL, Everett McRae Urech, Urech & Livaudais, PC, Daleville, AL, for Lear Siegler Services, Inc., Guadalupe Hernandez, Robert Bernal, Defendants.

MEMORANDUM OPINION AND ORDER

ALBRITTON, Senior District Judge.

I. INTRODUCTION

This case is before the court on a Motion for Summary Judgment filed by Professional Helicopter Pilots Association, Office and Professional Employees International Union, Local 102 ("the Plaintiff" or "the Union" or "Local 102") (Doc. # 17), and a Motion for Summary Judgment filed by Guadalupe Hernandez and Robert Bernal ("the Defendants" or "the employees") (Doc. # 19).

This court invited the United States of America to be heard on the jurisdictional question in this case through a certification to Attorney General John Ashcroft and to Leura Garrett Canary, United States Attorney for the Middle District of Alabama. (Docs.# 22, 23). The Court also invited the State of Alabama to be heard on the jurisdictional question in this case through a certification to Alabama Attorney General Troy King. (Docs.24, 25). The court has not received any response by the deadline provided, or as of the issuance of this opinion, from either the United States of America or the State of Alabama.

For the reasons to be discussed, the Defendants' Motion for Summary Judgment is due to be GRANTED, and the Plaintiff's Motion for Summary Judgment is due to be DENIED, both to the extent set out herein.

II. SUMMARY JUDGMENT STANDARD

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The party asking for summary judgment "always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the `pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Id. at 323, 106 S.Ct. 2548. The movant can meet this burden by presenting evidence showing there is no dispute of material fact, or by showing, or pointing out to, the district court that the nonmoving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. Id. at 322-324, 106 S.Ct. 2548.

Once the moving party has met its burden, Rule 56(e) "requires the nonmoving party to go beyond the pleadings and by [its] own affidavits, or by the `depositions, answers to interrogatories, and admissions on file,' designate `specific facts showing that there is a genuine issue for trial.'" Id. at 324, 106 S.Ct. 2548. To avoid summary judgment, the nonmoving party "must do more than show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). On the other hand, the evidence of the nonmovant must be believed and all justifiable inferences must be drawn in its favor. See Anderson v. Liberty Lobby, 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). After the nonmoving party has responded to the motion for summary judgment, the court must grant summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). In resolving cross-Motions for Summary Judgment, courts construe the facts in the light most favorable to the nonmovant when the parties' factual statements conflict or inferences are required. Barnes v. Southwest Forest Indus., 814 F.2d 607, 609 (11th Cir.1987). In this case, however, the parties have filed a Joint Stipulation of Relevant Facts (Doc. # 16) to be used in determining the critical issues of law in the case. The Defendant Lear Siegler Services, Inc. takes no position on the merits of the case (Answer, Doc. # 7), and all parties agree that the case may be finally resolved on the basis of the stipulated facts, the cross-motions, briefs and exhibits.

III. FACTS

The Joint Stipulation of Relevant Facts filed with this Court indicates the following:

Guadalupe Hernandez and Robert Bernal work at Fort Rucker, Alabama, as employees of Lear Siegler Services, Inc. (LSSI). LSSI provides helicopter instruction and training to the United States Army and North Atlantic Treaty Organization (NATO) personnel. Neither of the two works on the Main Post of Fort Rucker. Hernandez works on Cairns Field; Bernal works on Shell Field.

Effective January 1, 2002, and continuing through September 30, 2005, Local 102 and LSSI are parties to a collective bargaining agreement (CBA) that sets forth the terms and conditions of employment of the members of the Local 102 bargaining unit at Fort Rucker, including Hernandez and Bernal. Local 102's bargaining unit consists of all flight instructors, flight simulator instructors, academic instructors, flight simulator operators, flight schedulers, Method of Instruction personnel, supply personnel, clerical personnel, messenger personnel, and custodial personnel employed by LSSI at Fort Rucker, Alabama.

The CBA contains what is commonly referred to as an "agency shop" provision. This provision requires all members of the Fort Rucker bargaining unit to either become and remain members in good standing of Local 102 or pay to Local 102 an agency fee that equals the dues paid by Local 102 members. As to employees who do not join the Union, Article 3.1(d) of the CBA states:

... Upon written demand from the Union, the Company shall terminate any employee within the bargaining unit who fails to tender the sums due under Section 3.1(b) of this Article within thirty (30) days from the date such sum(s) is due, provided the Union informs the Company and the employee of the delinquency in writing, and allows the employee an additional fifteen (15) days after the 30th day of delinquency to make payment in full. If the employee fails to resolve the dues delinquency with the Union during this fifteen (15) day period, after notification to the Company by the Union, the Company will terminate the employee effective the end of that payroll period.

Hernandez and Bernal have refused the Union's demand that they either join the Union or pay these agency fees. In response to a formal inquiry, LSSI informed the Union that if requested it would not discharge either of these employees because it is unsure about whether the agency shop agreement contained in CBA 3.1(d) violates the Alabama right-to-work statutes. LSSI suggested that Local 102 seek judicial guidance, and this suit for declaratory judgment and injunctive relief followed.

The United States government's jurisdiction over Fort Rucker is largely based on two Land Patents. On September 2, 1952, Alabama Governor Gordon Person ceded jurisdiction to the United States over certain land in what is termed the 1952 Land Patent. This land includes the part of the Main Post where LSSI's operations are headquartered and where LSSI hires employees. Neither Shell Field, where Bernal works, nor Cairns Field, where Hernandez works, is contained within the 1952 Land Patent. On August 24, 1982, Alabama Governor Fob James ceded land to the United States in what is termed the 1982 Land Patent. Cairns Field was part of the land ceded in 1982. This transfer also included parts of Fort Rucker's Main Post. Shell Field was not included in the 1982 land transfer; the federal government's interest over Shell Field is merely proprietorial.

Members of the Local 102 bargaining unit work on the Main Post, Cairns Field, and Shell Field. There are 417 members of the bargaining unit. One hundred eighty-six or 44.60% of Local 102's bargaining unit perform the majority of their work on land that was ceded in the 1952 Land Patent. One hundred fifty-nine or 38.13% of the Union's bargaining unit perform the majority of their work on land that was ceded in the 1982 Land Patent. Seventy-two or 17.27% of the bargaining unit perform the majority of their work on Shell Field. The United States Army retains the authority to unilaterally change the location of the instruction and training performed by LSSI's Local 102-represented employees within the confines of the Main Post, Cairns Field, and Shell Field. The United States Army used this authority in the late 1990s to move the situs of the flight training portion of the Primary Division Training from Lowe Field, which is located on Main Post, to Cairns Field. Members of the bargaining unit also have the ability to transfer jobs under Article 9 of the CBA, including the right to transfer between areas of Fort Rucker that fall under a different jurisdictional status.

IV. DISCUSSION

Alabama's right-to-work laws are found at Ala.Code (1975), §§ 25-7-30, et seq. They are quoted and discussed later in this opinion.

The central issue before the court in this case is whether the Alabama right-to-work laws are applicable to Hernandez, who works on Cairns Field, and Bernal, who works on Shell Field. In considering this issue, the court endeavors to answer three questions: ...