West v. Alaska Airlines, Inc.
| Decision Date | 06 December 2018 |
| Docket Number | Case No. 3:18-cv-00102-SLG |
| Parties | KA WEST, Plaintiff, v. ALASKA AIRLINES, INC., Defendant. |
| Court | U.S. District Court — District of Alaska |
KA WEST, Plaintiff,
v.
ALASKA AIRLINES, INC., Defendant.
Case No. 3:18-cv-00102-SLG
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA
December 6, 2018
ORDER RE MOTION TO DISMISS
Before the Court at Docket 8 is Defendant Alaska Airlines, Inc.'s Motion to Dismiss. Plaintiff Ka West opposed at Docket 14. Alaska Airlines replied at Docket 18. Oral argument was held on August 23, 2018, at Anchorage, Alaska before Judge Sharon L. Gleason.1
Alaska Airlines employed Ms. West as a customer service agent beginning in January 2007.2 The terms and conditions of Ms. West's employment were governed by a Collective Bargaining Agreement ("CBA") negotiated by Ms. West's union, the International Association of Machinists and Aerospace Workers, pursuant to the federal Railway Labor Act ("RLA").3 The CBA contains disciplinary procedures for employees and grievance procedures for review of disciplinary decisions and terminations.4 It also
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includes provisions related to vacation and sick leave.5 The CBA incorporates Alaska Airlines' system regulations and gives the company the right to change these provisions at any time so long as they are not inconsistent with the CBA.6 The system regulations include an "attendance reliability" program and additional policies and procedures related to employee leave, including Family and Medical Leave Act ("FMLA") leave.7 The CBA also establishes a three-step grievance procedure for review of employee terminations.8 The first two steps are hearings between Alaska Airlines and the terminated employee, conducted by a representative of Alaska Airlines.9 If the grievance is not resolved through either of the first two steps, the employee's union can elect to submit the grievance for binding arbitration before the System Board of Adjustment, a body consisting of a union member, an Alaska Airlines representative, and a neutral third member.10
Ms. West's Complaint alleges as follows:
In 2012, Ms. West was diagnosed with endometriosis.11 As a result of this condition, she underwent surgery in January 2013.12 Ms. West took approximately one month of FMLA leave following the surgery; when she returned, she went on light duty.13
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In July 2015, Ms. West began experiencing "intermittent, severe pain" in her left ovary.14 On February 5, 2016, Ms. West asked her supervisor for an accommodation for when she experienced these symptoms. Specifically, she asked leave to "take off a few days or a month as needed, take regular breaks when her symptoms flared up, and avoid lifting heavy objects."15 Ms. West alleges that Alaska Airlines "repeatedly refused" to make reasonable accommodations.16 She also alleges that Alaska Airlines "failed to engage in the interactive process" and "continued to counsel her on taking time off" despite the fact that she had significant unused leave.17
Ms. West applied for FMLA leave for her symptoms on March 2, 2016, but that request was denied on or about March 17, 2016.18 She re-applied that same day; she applied again in September 2016.19 On May 18, 2016, Ms. West's endometriosis symptoms caused her to leave work early.20 Alaska Airlines approved Ms. West's FMLA request for the May 18, 2016 leave in October 2016.21 However, Ms. West's Complaint alleges that Alaska Airlines "refused to change the leave taken on May 18, 2016, to FMLA leave even though it was eventually approved as FMLA leave."22
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On January 31, 2017, Alaska Airlines terminated Ms. West's employment.23 A Notice of Discipline or Discharge completed by the airline indicated that the termination was based on "unsatisfactory attendance."24 The document listed five absences during the preceding year, one of which was the May 18, 2016 absence. Ms. West alleges that she had taken leave on one day to attend a funeral and that her supervisor told her the leave would be approved.25 She acknowledges that she "had a couple of minor instances when she reported to work on-time but forgot her badge not allowing her to clock in on-time," but alleges that "she was terminated for taking leave when her symptoms flared up and for applying for and requesting that she be given leave under FMLA."26
Ms. West filed a grievance through her union challenging the termination.27 The first two steps of the grievance process—the initial and secondary hearings before an Alaska Airlines representative—took place in February and April 2017.28 Alaska Airlines' representative denied the grievance at each hearing. Ms. West's union informed her that it declined to submit the grievance for binding arbitration before the System Board of Adjustment.29
In approximately September 2017, Ms. West filed a charge of employment discrimination with the Equal Employment Opportunity Commission ("EEOC").30 Alaska
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Airlines received a "Notice of Charge of Discrimination" from the EEOC, which stated that "[a] perfected charge (EEOC Form 5) will be mailed to you once it has been received from the Charging Party."31 But Alaska Airlines never received a perfected charge.32 On January 25, 2018, the EEOC sent Ms. West and Alaska Airlines a "Dismissal and Notice of Rights" indicating that it had investigated Ms. West's charge but was unable to conclude that Alaska Airlines had violated the Americans With Disabilities Act As Amended ("ADAAA").33 The EEOC then closed its file on the charge and issued a right to sue notice to Ms. West under the ADAAA.34
On April 23, 2018, Ms. West initiated this action.35 The Complaint alleges two federal causes of action: (1) retaliation and interference in violation of the FMLA (Count I); and (2) discrimination in violation of the ADAAA (Count II). Ms. West also alleges the following causes of action under Alaska law: (1) discrimination based on disability in violation of AS 18.80.220(a)(1) (Count III); (2) disparate treatment because of disability in violation of AS 18.80.220 (Count IV); (3) breach of the duty to engage in the interactive process and provide reasonable accommodation of a disability in violation of AS 18.80.220 (Count V); (4) breach of the implied covenant of good faith and fair dealing (Count VI); and (5) the intentional infliction of emotional distress.36
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On June 21, 2018, Alaska Airlines filed the instant Motion to Dismiss.37
I. Jurisdiction and Applicable Law
The Court has jurisdiction pursuant to 28 U.S.C. § 1331 because this is a civil action with certain claims arising under federal law, 29 U.S.C. § 201, et seq. The Court has supplemental jurisdiction over Plaintiff's related state law claims.38
The Court applies federal procedural law; Alaska substantive law applies to the state law claims.39 Whether federal law preempts a state law claim is a question of federal law.40
II. Standard for Dismissal
A defendant may seek dismissal of an action for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). When such a motion is made, the plaintiff has the burden of proving jurisdiction.41 If the defendant raises a factual challenge to the court's jurisdiction, as opposed to a facial challenge based solely on the allegations in the complaint, a court may consider matters outside the pleadings in ruling on the motion.42 "'[N]o presumptive truthfulness attaches to plaintiff's allegations, and the existence of
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disputed material facts will not preclude the trial court from evaluating for itself the merits of jurisdictional claims.'"43 Here, Alaska Airlines submitted additional materials with its motion to dismiss.44
Alaska Airlines also seeks dismissal under Rule 12(b)(6) for failure to state a claim. "To survive a motion to dismiss [under Rule 12(b)(6)], a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'"45 Iqbal does not require a litigant to prove her case in her pleading, but it requires the litigant to "state 'enough fact[s] to raise a reasonable expectation that discovery will reveal evidence of [the misconduct alleged].'"46 The pleading must contain "enough facts to state a claim to relief that is plausible on its face."47 "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice."48 When reviewing a Rule 12(b)(6) motion, a court considers only the pleadings and documents incorporated into the pleadings by reference, as well as matters on which a court may
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take judicial notice.49 A court "accept[s] factual allegations in the complaint as true and construe[s] the pleadings in the light most favorable to the nonmoving party."50 This inquiry requires a court to "draw on its judicial experience and common sense."51 When a motion to dismiss for failure to state a claim is granted, a court "should freely give leave when justice so requires."52 But leave to amend is properly denied as to those claims for which amendment would be futile.53
Alaska Airlines advances four arguments in its motion to dismiss, which the Court considers in the following order: First, Alaska Airlines contends that the Court lacks subject matter jurisdiction over Ms. West's ADAAA claims because she failed to timely exhaust her administrative remedies through the EEOC. Second, it contends that the RLA preempts or precludes jurisdiction over each of Ms. West's claims. Third, it contends that Ms. West did not submit her claims to binding arbitration as required by the CBA. Fourth, it contends in the alternative that Ms. West has not alleged sufficient facts to support her disparate treatment and intentional infliction of emotional distress claims.54
1. Failure to Exhaust Administrative Remedies
Alaska Airlines contends that Ms. West's ADAAA claims should be dismissed
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because she did not file a perfected charge of discrimination with the EEOC prior to filing suit.55 Ms. West responds that she filed a charge with the EEOC, then received a right to sue letter from the EEOC and timely filed suit thereafter.56 She...
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