Steward v. Airtran Airways, Inc., 01-7728-CIV.
| Decision Date | 15 August 2002 |
| Docket Number | No. 01-7728-CIV.,01-7728-CIV. |
| Citation | 221 F.Supp.2d 1307 |
| Parties | Donald STEWARD, David Schriner, George Dickman, Donny Griffin, William Atwater, Richard Dunn, David McKennan, Petitioners, v. AIRTRAN AIRWAYS, INC., National Pilot's Association, Mann/Dalland, et al., William Mann, Wayne Dalland, Edward Marino, Dennis Cirrotti, James Weir, Gary Shepard, Charles Musick, Charles Gay and David Hewson, Respondents. |
| Court | U.S. District Court — Southern District of Florida |
David Jonathan McKennan, Cooper City, FL, for petitioners.
Barry Rodney Davidson, Hunton & Williams, Myles J. Tralins, Tralins & Associates, Miami, FL, for respondents.
OMNIBUS ORDER
THIS CAUSE is before the Court upon Defendants' Motion to Dismiss Amended Petition [DE 35-1] and for Final Summary Judgment [DE 35-2], Plaintiffs' Motion to Drop S. Ali Sadr as a defendant [DE 39], Plaintiffs' Cross Motion for Summary Judgment [DE 51], Plaintiffs' Motion to File Sur-Reply [DE 58] regarding Defendant's Motion to Dismiss, Plaintiffs' Motion to Strike Affidavits [DE 65 and 71], Defendants' Motion to Dismiss pursuant to Rule 21 [DE 74-1] or for Final Summary Judgment [DE 74-2], Defendant Cirrotti's Motions to Dismiss [DE 75 and 81], and Plaintiffs' Cross Motion to Reinstate AirTran as a Defendant [DE 78-2] or to Amend Petition to Add AirTran [DE 78-3]. The Court has carefully considered the motions and is otherwise fully advised in the premises.
This case involves a dispute regarding AirTran Airways' pilot seniority list. Plaintiffs in this action seek review of an arbitration proceeding brought by the Mann and Dalland et al, defendants in this case. The arbitrator ruled in favor of the Mann/Dalland Defendants, and boosted their seniority over the group of Plaintiffs. Plaintiffs were not party to that arbitration proceeding, though their union1 and employer were parties. Plaintiff David McKennan, a non-practicing attorney who is both plaintiff and plaintiffs' counsel in this case, found out about the hearing a few days before, attended the hearing, and at a minimum presented his objection to the arbitrator. Plaintiff Donny Griffin testified at the hearing on behalf of the employer, AirTran. The other four Plaintiffs did not receive notice of the hearing and did not attend. After all the testimony, the arbitrator went into a closed room with counsel for the Mann/Dalland group and a company vice-president to arbitrate the matter.
The arbitration hearing was not proceeded by a Railway Labor Act System Adjustment Board hearing as described in 45 U.S.C. § 184. Defendants refused to participate in such hearing scheduled by the National Pilot's Association ("NPA" or "Union") because they believed that a separate federal court settlement in the Eastern District of Virginia of a separate grievance brought by Donald Warzocha regarding the AirTran seniority list and the merged Valuejet pilots mandated that the Mann/Dalland grievances be decided by arbitration. See Composite Exhibit 11 to Plaintiffs' Cross-Motion for Final Summary Judgment at DE 52. The NPA agreed under threat of litigation to proceed directly to arbitration.
On November 14, 2000, the arbitrator ruled in favor of the Mann/Dalland Defendants, interpreting the AirTran Collective Bargaining Agreement ("CBA") to reach back and incorporate a 1991 agreement between a corporate predecessor and certain pilots (including Plaintiffs and Defendants). The Opinion and Award had the effect of moving back the seniority date for Defendants, which when combined with the older age of Defendants versus Plaintiffs, has led to Defendants vaulting over Plaintiffs on the current AirTran seniority list. The list controls work schedules, equipment placement and other work conditions.
On November 13, 2001, Plaintiffs filed a petition to review the arbitrator's decision under the Railway Labor Act. On December 13, 2001, an Amended Petition was filed. The parties then filed cross-motions for final summary judgment, as well as other motions to strike affidavits or to dismiss the complaint pursuant to Rule 21.
Taking first Defendants' motion to dismiss or for final summary judgment, Defendants argue that Plaintiffs' petition is time-barred under the Federal Arbitration Act, that Plaintiffs' have failed to state a claim under 45 U.S.C. § 159 for impeaching an arbitration award under the Railway Labor Act, and that venue in the Southern District of Florida is improper. Plaintiffs, meanwhile, argue that the arbitrator did not confine himself to matters within his jurisdiction, namely interpreting the CBA, and that inadequate notice was given to them in violation of 45 U.S.C. § 153 First (j).2
The Court first decides the issues affecting its jurisdiction. This cases arises out of a dispute regarding a grievance concerning seniority and work conditions that result from changes to seniority. Such dispute is governed by Section 3.A.5 and 6 of the parties' CBA. See Exhibit 9 to Plaintiffs' Cross-Motion for Final Summary Judgment at DE 52. Under the Railway Labor Act ("RLA"), such dispute is considered by the courts as a "minor dispute" and is thus governed by 45 U.S.C. § 184. Whitaker v. American Airlines, 285 F.3d 940, 943-44 (11th Cir.2002); Delta Air Lines v. Air Line Pilots Association, 238 F.3d 1300, 1307 n. 17 (11th Cir. 2001). Reed v. National Air Lines, Inc., 524 F.2d 456, 459 (5th Cir.1975).3
Having concluded that the underlying dispute is a "minor dispute" governed by 45 U.S.C. § 184, the right to review such an order can be found in 45 U.S.C. § 153 First (p) and (q). Subsection (q) allows a non-party employee aggrieved by an award to file an action to review the award in United States District Court. The statute of limitations for such action is two years. Section 153 First (r). Venue may be had "in the District Court of the United States for the district in which he resides...." Section 153 First (p).
Defendants argue that the statute of limitations for review of an arbitration award is 90 days as set by the Federal Arbitration Act. 9 U.S.C. § 12. However, the cases cited in support of a strict 90 day deadline are not RLA disputes. Given the two-year statute of limitations specifically governing RLA disputes, the Court concludes that the limitation period of two years as stated in Section 153 First (r) applies to the instant petition. See Edwards v. United Parcel Service, Inc., 16 Fed.Appx. 333, 338, 2001 WL 777414, 6 (6th Cir.2001) (unpublished opinion) ()
Defendants also argue that this case is governed by 45 U.S.C. § 159 regarding arbitration awards. However, as noted above in the Background Section, Defendants successfully avoided adjustment board review, a prerequisite under the AirTran CBA before arbitration may be had. Defendants' argument is that a District Court in Virginia had approved a settlement agreement of a separate seniority grievance which included the provision that the grievances of Destination Sun Airline ("DSA") pilots "will be arbitrated in separate proceedings, if necessary, and any decision rendered ... will be implemented subsequent" to the Virginia action arbitration. The settlement provision did not supercede the provision of the RLA and the AirTran CBA regarding submission to an adjustment board.
Even without this interpretation of the Virginia action, the provisions in Section 159 are not applicable here because the arbitration award in this case was never filed with a District Court, as required by subsection "First." Thus, the review provisions of subsection "Third" do not apply in this case.4
Finally, with regard to venue, Section 153 First (q) relies on the venue provisions of subsection First (p), which allows filing an action in the district where the petitioner resides. Thus, the Court concludes that it has proper jurisdiction to hear the petition for review, that the review provisions of Section 153 First (q) govern, that the petition was timely filed, and that venue is proper in the Southern District of Florida.
Though this Court has jurisdiction to review the arbitrator's award, the standard of review is "exceedingly narrow." Loveless v. Eastern Air Lines, 681 F.2d 1272, 1275 (11th Cir.1982). Section 153 First (q) sets the review for this Court as limited to: 1) failure of the order to comply with the requirements of the Railway Labor Act; 2) for failure of the order to conform or confine itself to matters within the scope of the division's jurisdiction; or 3) for fraud or corruption by a member of the division making the order. This standard, however, does not review the "substance of a labor arbitration award for ordinary error" and a court should not vacate an award because a judge would have reached a different result. Loveless, 681 F.2d at 1276.
Plaintiffs argue that the arbitrator erred by relying on agreements outside the Collective Bargaining Agreement between the NPA and AirTran which governs seniority. The CBA states that "the seniority of a pilot will begin to accrue from the date the pilot is first placed on Company payroll in a training status." See Section 3.A.6 of Exhibit 9 to Plaintiffs' Cross-Motion for Final Summary Judgment at DE 52. The arbitrator awarded Defendants credit back to a December 20, 1993 training class based upon a 1991 agreement between the President of DSA and a group of pilots including Plaintiffs and Defendants. Plaintiffs contend that...
To continue reading
Request your trial
-
Tate v. Spirit Airlines, Inc.
... ... See also Steward v. AirTran Airways, Inc., 221 F.Supp.2d 1307, 1311 (S.D.Fla.2002), aff'd ... ...
-
Tate v. Spirit Airlines, Inc.
... ... See also Steward v. AirTran Airways, Inc., 221 F. Supp. 2d 1307, 1311 (S.D. Fla. 2002), ... ...
-
Stewart v. Spirit Airlines/Alpa, CASE NO. 12-60323-CIV-SCOLA/ROSENBAUM
... ... 's employment asPage 2a pilot with Spirit Airlines, Inc. See D.E. 1-1. Along with his Petition, Stewart filed an ... 153, First (q). See Steward v. AirTran Airways, Inc., 221 F. Supp. 2d 1307, 1311 (S.D ... ...