USAir, Inc. v. National Mediation Bd.
| Decision Date | 18 April 1989 |
| Docket Number | No. CA 88-1604-A.,CA 88-1604-A. |
| Parties | USAIR, INC., Plaintiff, v. NATIONAL MEDIATION BOARD, Defendant, International Brotherhood of Teamsters, Airline Division, Intervenor-Defendant. |
| Court | U.S. District Court — Eastern District of Virginia |
Richard C. Hotvedt, Roy A. Sheetz, Morgan, Lewis & Bockius, Washington, D.C., Betty Leach, USAir, Inc., Arlington, Va., Thomas Rawles Jones, Cohen Dunn & Sinclair, Alexandria, Va., for USAir.
Henry E. Hudson, U.S. Atty., Paula Potoczak, Asst. U.S. Atty., Alexandria, Va.
Ronald M. Etters, National Mediation Bd.
Patrick J. Riley, Inter. Bro. Teamsters, Washington, D.C., for intervenor-defendant.
This case presents a challenge to the certification of a union to represent a craft or class of airline employees. At issue is the extent to which certain National Mediation Board ("NMB") certification actions are subject to judicial review under the Railway Labor Act, 45 U.S.C. §§ 151 et seq. ("RLA"). More specifically, a representation dispute arose following an airline merger. The NMB's services were invoked to resolve the dispute. An election was held. The Teamsters won a plurality and were certified by the NMB. Plaintiff, USAir, Inc. ("USAir"), attacks this certification, arguing that the NMB exceeded or violated its statutory duty under the RLA in the following respects:
In response, the NMB, supported by the Teamsters,1 argues that the NMB acted within its discretion under the RLA, that judicial review of this discretion is sharply limited to scrutiny for "gross violations of law," and that USAir has shown no such violations.
The matter is before the Court on the NMB's motion to dismiss or, in the alternative, for summary judgment and the Teamsters' motion to dismiss. The material, dispositive facts are not disputed. Summary judgment treatment is therefore appropriate. Rule 56, Fed.R.Civ.P. Accordingly, for the reasons stated here, the Court concludes that summary judgment on the motions should be granted.
Also before the Court is the Teamsters' motion for summary judgment on the union's counterclaim. Through this counterclaim, the Teamsters seek an order compelling USAir, (1) "to treat" with, i.e. bargain with, the union, (2) to disclose to the union the names, addresses, telephone numbers and wage and seniority data for all of USAir fleet service employees and (3) to permit the Teamsters access to the various USAir workplaces. The counterclaim, like the complaint involves no genuinely disputed issues of material fact. It is, therefore, amenable to summary disposition. For the reasons stated, the Teamsters' motion for summary judgment on the counterclaim is denied.
Pacific Southwest Airlines ("PSA") merged into USAir on April 9, 1988. Prior to the merger, the Teamsters had represented a craft or class of nearly 2,000 fleet service agents at four USAir locations. The Teamsters had also represented a combined craft or class of approximately 1,500 fleet and passenger service employees of PSA. "Fleet service" employees perform such functions as fueling, cleaning and provisioning of aircraft, moving freight and baggage and using and positioning ramps, trucks and dollies. "Passenger service" employees generally process and dispatch passengers at gates and ramps and perform a variety of other clerical tasks involving passenger contact. At some facilities, the same group of employees share fleet and passenger service duties.2
On August 20, 1987 in anticipation that the merger would spawn a representation dispute, the Teamsters invoked the services of the NMB.3 Two weeks later, the Teamsters filed an application with the NMB to represent all fleet service employees following the merger. USAir opposed this application as contrary to, or inconsistent with, the NMB's existing craft or class determinations. USAir also requested termination of PSA's existing certifications following the merger on the ground that PSA would cease to exist as a separate entity. The NMB agreed and on April 7, 1988 terminated the Teamsters' PSA certifications. USAir, 15 N.M.B. 135 (1988). The NMB further concluded that there existed questions concerning the appropriate craft or class that could only be resolved through investigation.4 Such an investigation had already commenced as a result of the Teamsters' September 1987 application. The NMB noted the investigation would now continue.
On April 12, 1988, the NMB began its field investigation, which included on-site visits. The NMB mediator conducted onsite investigations of USAir stations in ten cities previously agreed to by USAir and the Teamsters. At each location, the mediator interviewed randomly selected employees. No formal adversary hearing was held, nor was any required by the RLA or the NMB's procedures.5 But as part of its investigation, the NMB did consider numerous written position statements submitted by USAir and the Teamsters setting forth their views as to the appropriate craft and class. USAir argued that a combined passenger service/fleet service craft or class was warranted given the frequent shifting and sharing of passenger service and fleet service functions. Ultimately, this view did not prevail. On September 29, 1988, the NMB ruled that a distinct craft and class of fleet service employees existed throughout the USAir system. The NMB further concluded that a representational dispute existed among USAir's fleet service employees and authorized a mail ballot election consistent with its established procedures. Also consistent with its established procedures, the NMB established voter eligibility cut-off dates based on the last day of the payroll period prior to the scheduling of the dispute for investigation.6 Thus, as USAir and PSA were separate carriers prior to April 9, 1988, two cut-off dates were established: April 5, 1988, for former PSA employees and April 8, 1988, for USAir employees. The election itself was scheduled for November and December. Ballots were scheduled to be mailed on November 10, 1988 and counted on December 14, 1988.
On October 18, 1988, USAir filed a motion with the NMB arguing that the cut-off dates excluded approximately 197 employees who were not engaged in fleet service jobs in April, but who transferred to such jobs thereafter. According to USAir, these transfers reflected only normally-expected movement between passenger and fleet service jobs, especially following a merger; it did not represent an effort to pack the craft or class. USAir also pointed out that these employees had requested the transfers before the class was reconfigured. USAir emphasized that the transfers were not the result of anti-union animus. Given this, USAir urged a change in the cut-off dates to accommodate the 197 employees. NMB agreed only to send challenged ballots to these 197 employees and to defer to a later date whether to count them.
On November 4, 1988, prior to the mailing of the ballots, USAir reported to the NMB that Teamsters representatives intended to collect ballots rather than to let the employees mail their ballots as required by the rules. USAir proposed notice language to warn against such improper ballot collection. The Teamsters denied the allegations. After considering USAir's allegations, the NMB found insufficient evidence of a Teamsters plan to collect ballots and thus no reason to send USAir's proposed notice. The union, however, elected to send its own notice warning organizers and stewards not to collect ballots. This notice was issued the day before the ballots were mailed.7
Ballot mailing occurred as scheduled. On December 5, 1988, the NMB informed USAir that the cut-off dates would not be changed and hence the challenged ballots sent to the 197 employees would not be counted. Apart from this, however, standard procedures were followed and all ballot challenges were resolved prior to the vote count.8 The final vote count on December 14, 1988 was as follows:
Eligible Voters 3733
Votes for Teamsters 1854
Votes for IAM (machinists
union) 16
Total Votes for Representation 1870
Total Votes for no Representation 18639
As these figures reflect, the Teamsters received 49.665% of the eligible vote and the IAM .428%. Slightly more than forty nine percent (49.879%) percent voted for no representation. Pursuant to standard NMB procedure, all votes for representation were aggregated to determine whether a majority of the employees had voted to be represented. A majority had so voted: The Teamsters had won 49.665% of the vote to which was added the .426% won by the Machinists Union for a total of 50.091% in favor of representation. Next, the NMB, again in accordance with its procedures, determined that the Teamsters had received a majority of the votes cast in favor of representation.10
The day after the final vote count, USAir filed an undocumented objection with NMB alleging improper solicitation of ballots by the Teamsters and vote fraud. USAir demanded that the NMB check every signature on the ballot envelopes with corresponding signature exemplars. USAir also requested two additional weeks to supply supporting evidence. The NMB denied these requests, but agreed to recount the ballots.11 The recount confirmed the original count.
On December 21, 1988, USAir submitted its Petition for Further Review, asking NMB to review certain alleged improprieties in the election. Chief among these was NMB's refusal to count the votes of 197 fleet service agents who entered upon their fleet service duties after the NMB imposed cut-off dates. According to USAir, this exclusion was particularly important in view of the narrow...
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