Local Union 2000, Teamsters v. Northwest Airlines, CIV.A 98-40308.

21 F.Supp.2d 751

LOCAL UNION NO. 2000, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO, Plaintiff, v. NORTHWEST AIRLINES, INC., Defendant.

No. CIV.A 98-40308.

United States District Court, E.D. Michigan, Southern Division.

October 1, 1998.

Barbara M. Harvey, Detroit, MI, for Plaintiff.

Richard J. Seryak, Miller, Canfield, Detroit, Timothy R. Thornton, Briggs & Morgan, Minneapolis, MN, for Defendant.

MEMORANDUM OPINION AND ORDER DISMISSING PLAINTIFF'S COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION

GADOLA, District Judge.

Plaintiff, Local Union No.2000 of the International Brotherhood of Teamsters (the "Union"), filed this action against defendant, Northwest Airlines, Inc. ("NWA"), on August 31, 1998. At that same time, plaintiff also filed applications for a temporary restraining order and a preliminary injunction. On September 1, 1998, this court entered an order denying plaintiff's application for a temporary restraining order. On September 3-4, 1998, this court held an evidentiary hearing related to plaintiff's motion for a preliminary injunction. On September 9, 1998, this court entered a formal order denying plaintiff's motion for preliminary injunction. In its submissions, defendant has asserted that this court lacks subject matter jurisdiction over the instant dispute. This court informed the parties that it would consider defendant's claim as a motion to dismiss for lack of subject matter jurisdiction pursuant to Fed. R.Civ.P. 12(b)(1). The parties have now had an opportunity to fully brief their positions related to this court's subject matter jurisdiction, and this court is prepared to rule on that issue. For the reasons set forth below, this court will dismiss plaintiff's complaint for lack of subject matter jurisdiction.

Factual Background

Plaintiff Union is the exclusive bargaining representative for all flight attendants employed by defendant, Northwest Airlines, Inc. ("NWA"). The secretary-treasurer of the Union is Danny Campbell. Robert Krabbe and Eric Smatana are two of the four Detroit base union representatives. Campbell, Krabbe and Smatana are all employees of NWA on union leave of absence.

Prior to August 24, 1998, the labor organization representing the pilots employed by NWA announced the possibility of a pilots' strike beginning at 12:01 a.m. Saturday, August 29, 1998. At various times on August 24, 26, 27 and 28, 1998, Krabbe, Campbell, and/or Smatana were present in a NWA flight attendant "crew lounge" at Detroit Metropolitan Airport to distribute contact information and informational flyers, as well as to answer questions from NWA flight attendants about the impending strike.¹ Plaintiff alleges that representatives from NWA management repeatedly entered the area and directed the Union representatives either to cease such activity or leave the premises. On August 27, 1998, NWA management representatives inspected the written materials that the Union representatives were distributing in the crew lounge, and expressly authorized the distribution of those materials. However, the management representatives specifically indicated to the union representatives that they were not to advise flight attendants against using the company's Voice Response Unit ("VRU").² Later in the day, management apparently became aware that the union representatives were, in fact, advising flight attendants not to use the VRU. At that point, certain members of NWA management, including Jamie Friend, entered the crew lounge area and began "shadowing" the union representatives. From the testimony before this court, it appears that the management personnel did not interrupt or directly contradict any statements by the union representatives except for those related to the use of the VRU.

Despite the fact that management had authorized the leaflets earlier that day, NWA management representatives allegedly called the Wayne County sheriff to request that Krabbe and Campbell be ejected from the premises because they had failed to obtain a permit to leaflet in the airport. However, when Krabbe and Campbell attempted to obtain a permit to leaflet, they were informed by airport officials that permits were only required for leafleting in public areas of the airport. The position of the airport officials was that NWA's "In-flight" facilities, including the flight attendant crew lounge, are on the premises of NWA. This court notes that, though the lease between Wayne County, which owns the airport, and NWA was not offered into evidence, this court will infer from all of the evidence presented that the crew lounge areas are, in fact, a part of the premises leased by NWA from Wayne County.

On that same day, NWA presented Krabbe and Campbell with letters that provided, in relevant part:

"As you know, Rule 19 of the Rules of Conduct for Employees of Northwest Airlines prohibits the conduct of union activities on Company premises without the express authorization of management, unless that activity is otherwise required to be permitted by a collective bargaining agreement or the Railway Labor Act. Rule 20 prohibits the distribution of informational material under the same circumstances.[³]

Your conduct on more than one occasion has violated these rules. In one case, the Company was forced to call security to have you removed from its premises. This behavior on your part will no longer be tolerated....

Additional action will be taken as necessary under the circumstances but may include investigation and discipline, up to and including discharge."

(Pl.comp., Exh. E.)

On August 28, 1998, management revoked its authorization of the leaflets being handed out by the Union representatives. Campbell and Krabbe arrived on the premises to present management with a grievance related to ¶ 24(C) of the parties' collective bargaining agreement. Paragraph 24(C) of the parties' collective bargaining agreement provides, in relevant part:

Lounges

The Company shall provide suitable, furnished lounges for exclusive use of Flight Attendants at all Flight Attendant base stations. In the event that the Company establishes new bases for Flight Attendants, lounge facilities shall be provided within a reasonable period of time.

(Prelim. Inj. Hr'g, Def. Ex. 1 at 24.1 (emphasis in original).) The grievance is specifically directed at the conduct of Jamie Friend in the crew lounge areas. Though plaintiff asserts that the representatives did nothing more than present the grievance, NWA again summoned the Wayne County Sheriff's Department to remove Krabbe and Campbell from the crew lounge.

On August 29, 1998, Krabbe and Campbell were presented with letters that reiterated the fact that Rules 19 and 20 of the Rules of Conduct for Employees of Northwest Airlines prohibit union activity on NWA property unless expressly authorized by NWA. The letters also ordered the representatives to submit a court reported statement at company headquarters. The letters also indicated that the representatives would be "withheld from service" pending the investigation of management's charges against them.

On August 31, 1998, plaintiff filed the instant action, along with applications for a temporary restraining order and preliminary injunction. Essentially, plaintiff asks this court to enjoin NWA from prohibiting union activity in its crew lounges, force NWA to reinstate Krabbe and Campbell, and to prevent NWA from otherwise interfering with the flight attendants' right to engage in union activities in crew lounges.

Discussion

Plaintiff contends that this court has jurisdiction over the instant case based on the provisions of 28 U.S.C. § 1331, because this suit presents a federal question, namely whether defendant has violated the provisions of the Railway Labor Act ("RLA"), 45 U.S.C. §§ 151a(2) and 152, Fourth.⁴

Disputes under the RLA are classified into two broad categories: major disputes and minor disputes. Major disputes involve the formation or modification of collective bargaining agreements, while minor disputes involve grievances or the interpretation of collective bargaining agreements. See International Assoc., of Machinists v. Alaska Airlines, Inc., 813 F.2d 1038, 1039-40 (9th Cir.1987). Federal courts do not have subject matter jurisdiction over minor disputes because those disputes are within the exclusive jurisdiction of the National Adjustment Board established under the RLA. See National Railroad Passenger Corp. v. International Assoc. of Machinists, 915 F.2d 43, 50 (1st Cir.1990)(citing Andrews v. Louisville and Nashville R.R., 406 U.S. 320, 322, 92 S.Ct. 1562, 32 L.Ed.2d 95 (1972)). Plaintiff concedes that the grievance it filed related to ¶ 24(C) of the collective bargaining agreement is a minor dispute because it involves the interpretation of the collective bargaining agreement. However, plaintiff contends that this court has subject matter jurisdiction over this case because plaintiff is alleging a direct statutory violation of the RLA.

There is support for plaintiff's claim that this court would have jurisdiction over a properly set forth claim of a direct statutory violation. See Hawaiian Airlines v. Norris, 512 U.S. 246, 114 S.Ct. 2239, 129 L.Ed.2d 203 (1994)(citing Conrad v. Delta Air Lines, 494 F.2d 914 (7th Cir.1974)). However, plaintiff is unable to establish such a statutory violation of the RLA in this case.

Plaintiff contends that NWA engaged in violations of 45 U.S.C. § 151a(2), as well as 45 U.S.C. §§ 152, Fourth. Section 151a sets forth the general purposes of the RLA, and it provides, in relevant part:

The purposes of the [RLA] are: ... (2) to forbid any limitation upon freedom of association among employees or any denial as a condition of employment or otherwise, of the right of employees to join a labor organization ....

45 U.S.C. § 151a(2). Section 152, Fourth provides, in relevant part:

Employees shall have the right to organize and bargain collectively through representatives of their own...