Benjamin v. Traffic Executive Ass'n Eastern Railroads

869 F.2d 107, 1989 WL 14949
CourtCourt of Appeals for the Second Circuit
DecidedFebruary 21, 1989
DocketNo. 389, Docket 88-7674
StatusPublished
Cited by40 cases

This text of 869 F.2d 107 (Benjamin v. Traffic Executive Ass'n Eastern Railroads) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Benjamin v. Traffic Executive Ass'n Eastern Railroads, 869 F.2d 107, 1989 WL 14949 (2d Cir. 1989).

Opinion

MUNSON, District Judge:

This case presents us with two issues. The first is whether a decision arising from a statutorily imposed arbitration proceeding can be the basis for collateral estoppel in a subsequent federal court proceeding. If that is permissible, then we must decide whether the use of collateral estoppel violates plaintiffs’ seventh amendment right to a jury trial.

BACKGROUND

At stake in the litigation before us are severance benefits. Plaintiffs are former non-union employees of the defendant Eastern Weighing and Inspection Bureau (“EWIB”). The other defendants in this action are the Traffic Executive Association Eastern Railroads (“TEA-ER”) and the Eastern Railroad Association (“ERA”). [109]*109The relationship among the three defendants is unclear. On the one hand, plaintiffs state that the TEA-ER operated as part of and for the ERA and that the EWIB fell under the TEA-ER. Defendants, on the other hand, state that the TEA-ER and ERA are parent and sister organizations of the EWIB. However, they do not specify which is the parent and which is the sister.

Plaintiffs lost their jobs when one of the defendants — according to plaintiffs it was the TEA-ER, while defendants identify the ERA — eliminated the EWIB. As a result, plaintiffs started this class action claiming entitlement to benefits under § 219(g) of the Staggers Rail Act of 1980 (“Staggers Act”).1 49 U.S.C. § 10706 note; Pub.L. No. 96-448, 94 Stat. 1895, 1928. The § 219(g) benefits (also referred to as “New York Dock conditions”)2 would be vastly more remunerative than the severance payments offered the plaintiffs.3 The complaint contained four counts. Count I was the Staggers Act claim; Counts II through IV alleged fraud, breach of fiduciary duty, and violation of the Racketeering Influenced and Corrupt Organizations Act ("RICO”), 18 U.S.C. § 1961 et seq.

Following commencement of this action, defendants moved to compel arbitration on the Staggers Act claim. The employees agreed to submit that count to binding arbitration on a classwide basis. Both parties set up informal procedural rules to govern the arbitration proceeding. They agreed to presentation of oral or written testimony, to extensive briefing and did, in fact, engage in informal discovery. At the hearing the plaintiffs cross-examined the defendants’ witnesses who testified orally, and could have, if they had chosen, called in and cross-examined those witnesses who submitted their testimony on paper. The agreement acknowledged that plaintiffs would not waive their right to have the district court decide Counts II through IV.

The arbitration board ruled two to one that the plaintiffs were not entitled to Staggers Act benefits. To qualify for the Staggers Act entitlement the plaintiffs would have had to be “employees of [a] rate bureau.” 49 U.S.C. § 10706 note. Central to the decision, and this appeal, was the arbitration board’s express finding that the plaintiffs were not rate bureau employees.

The court below affirmed the arbitrator’s decision. 688 F.Supp. 903 (S.D.N.Y.1988).4 It denied the plaintiffs’ motion for a trial de novo on Count I. Then the court utilized the doctrine of collateral estoppel to grant summary judgment in favor of the [110]*110defendants on Counts II through IV. The district court held — and neither party disputes — that the only way plaintiffs could prevail on Counts II through IV would be to prove that they were rate bureau employees as defined by the Staggers Act. The court below reasoned that since it endorsed the arbitration decision which determined plaintiffs were not rate bureau employees, it was estopped from deciding whether the plaintiffs’ status, for the purposes of Counts II-IV, was that of rate bureau employees.

On appeal, plaintiffs do not challenge the district court’s refusal to grant a trial de novo on Count I. They do challenge the decision to grant summary judgment in favor of the defendants on Counts II through IV.

DISCUSSION

I. Collateral estoppel.

We must first consider whether collateral estoppel is applicable to the finding made in the arbitration decision. Although they have different positions on when collateral estoppel is applicable, both sides recognize that the findings of arbitration boards can serve as the basis for collateral estoppel in a federal court proceeding.

Plaintiffs argue that because the ev-identiary standards for the arbitration proceeding were not as strict as they would be under the Federal Rules of Evidence, the issue decided by the arbitration board should not have preclusive effect on the counts to be decided by a federal court. See Parklane Hosiery Co. v. Shore, 439 U.S. 322, 331 n. 15, 99 S.Ct. 645, 651 n. 15, 58 L.Ed.2d 552 (1979) (“differences in available procedures may sometimes justify not allowing a prior judgment to have estoppel effect in a subsequent action even between the same parties”). We do not agree with plaintiffs’ position. The parties’ agreement to arbitrate outlined procedures to be followed. There is no indication that plaintiff sought to include any evidentiary standard or procedure which defendants refused to accept. More importantly, plaintiffs have not shown how the procedures were improper to the extent that the arbitration board could not make a reasoned decision; nor have they shown they were unfairly prejudiced by the procedures used.5 See SCAC Transport (USA) Inc. v. S.S. “Danaos”, 845 F.2d 1157, 1163 (2d Cir.1988); compare Parklane Hosiery Co., 439 U.S. at 331 n. 15, 99 S.Ct. at 651 n. 15 (“If, for example, the defendant in the first action was forced to defend in an inconvenient forum and therefore was unable to engage in full scale discovery or call witnesses, application of offensive collateral estoppel may be unwarranted.”). In short, plaintiffs had a full and fair opportunity to litigate the issue before the arbitration board. See Blonder-Tongue Laboratories, Inc. v. University of Illinois Found., 402 U.S. 313, 328, 91 S.Ct. 1434, 1442, 28 L.Ed.2d 788 (1971).

The policies behind collateral estoppel counsel for its use in this instance. As the Supreme Court has observed, “[t]o preclude parties from contesting matters that they have had a full and fair opportunity to litigate protects their adversaries from the expense and vexation attending multiple lawsuits, conserves judicial resources, and fosters reliance on judicial action by minimizing the possibility of inconsistent decisions.” Montana v. United States, 440 U.S. 147, 153-54, 99 S.Ct. 970, 973-74, 59 L.Ed.2d 210 (1979). If the district court had not granted defendants’ summary judgment motion, it would have left open the possibility for a result where the employees were not

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Bluebook (online)
869 F.2d 107, 1989 WL 14949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benjamin-v-traffic-executive-assn-eastern-railroads-ca2-1989.