Christopher P. Jamison v. Air Line Pilots Association, International

635 F. App'x 647
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 3, 2015
Docket15-11887
StatusUnpublished
Cited by3 cases

This text of 635 F. App'x 647 (Christopher P. Jamison v. Air Line Pilots Association, International) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christopher P. Jamison v. Air Line Pilots Association, International, 635 F. App'x 647 (11th Cir. 2015).

Opinion

PER CURIAM:

In September 2010, Southwest Airlines (“Southwest”) announced an agreement to purchase the assets and equity of AirTran Airlines (“AirTran”). As part of the negotiation of the merger’s terms, labor union Air Line Pilots Association, International (“ALPA”) represented AirTran’s pilot employees, while Southwest Airlines Pilots Association (“SWAPA”) represented Southwest’s pilots. After the Southwest and AirTran pilots voted in November 2011 to approve a pilot integration plan that ALPA and SWAPA jointly developed, a number of AirTran pilots (the “Pilots”) sued ALPA, alleging that the union violated its duty of fair representation during the integration plan negotiations. 1 The district court granted summary judgment in ALPA’s favor. After careful review, we affirm.

I.

Prior to the merger, ALPA had a collective bargaining agreement with AirTran that set forth all the terms and conditions of employment for all AirTran pilots (the “CBA”). 2 The CBA, as relevant here, provided that pilots’ employment opportunities, including, for example, domicile location and flying schedules, were to be determined by; their seniority ranking. It also provided that a Master Executive Council (the “MEC”), comprised of Air-Tran pilots elected by pilot members, would act on behalf of ALPA in employment matters with AirTran. Southwest, as a successor to AirTran, agreed to be bound by the CBA.

In the fall of 2010, the MEC appointed a Merger Committee (the “AirTran Merger Committee”) to act on ALPA’s behalf in negotiations with SWAPA to combine the two airlines’ pilot seniority lists. SWAPA formed a sister committee to do the same on its behalf (the “Southwest Merger Committee”) (collectively, the “Merger Committees”). In early 2011, the two Merger Committees reached a “Process Agreement” under .which both committees agreed to pursue three avenues for integration of the seniority lists: (1) negotiations; (2) mediation, if negotiations failed; and (3) arbitration, in the event both alternatives failed. The Process Agreement *649 also memorialized the mutual understanding of SWAPA and ALPA that the- integration process would be completed in three steps: (1) negotiation and production of a tentative agreement by the Merger Committees; (2) consideration and acceptance of the tentative agreement by ALPA’s MEC and SWAPA’s equivalent, its Board of Directors (“BOD”); and (3) if both of these governing bodies approved, ratification by the pilots of each airline. 3 Southwest agreed to accept the seniority integration list created pursuant to the Process Agreement.

The Merger Committees began negotiations in the spring of 2011. Southwest joined the negotiations sometime in the early summer, and on July 12, 2011, Southwest presented the Merger Committees with a proposed comprehensive integration agreement (the “Comprehensive Agreement”), containing a proposed integrated pilot seniority list and changes to the CBA, including pay raises for AirTran pilots. The AirTran Merger Committee brought the Comprehensive Agreement to the MEC, which found it unacceptable, a message that was relayed to Southwest. Southwest executives thereafter requested a meeting with the MEC and the AirTran Merger Committee. That meeting took place on July 14, 2011 at Southwest’s corporate headquarters and was attended by all members of the MEC, members of both Merger Committees, and a number of Southwest executives including CEO Gary Kelly.

Mr. Kelly spoke to the meeting attendees about the need to reach agreement. The parties do not dispute that, as the district court described, Mr. Kelly expressed a desire to have the pilots vote on an integration agreement; concerns with AirTran’s Boeing 717 aircraft fleet and potential future fuel cost increases; and a general intent to integrate the two airlines. The parties also do not dispute that at least some meeting attendees recalled Mr. Kelly discussing an alternative to integration, a so-called “Plan B.” What the parties do dispute is the import of Mr. Kelly’s comments. The Pilots contend that Mr. Kelly’s discussion contained threats to the job security and salary parity of AirTran pilots. According to the Pilots, Mr. Kelly expressed disfavor of the Boeing 717 fleet, noted that a fuel price spike could threaten pay parity for Air-Tran pilots, and emphasized that a Plan B likely would be less favorable to AirTran pilots and might involve arbitration.. ALPA acknowledges that some meeting attendees perceived Mr. Kelly’s references to a Plan B as a threat to the integration process, but it points to evidence that other attendees noted Mr. Kelly continually walked back any threats with assurances that he favored integration.

The Merger Committees continued negotiations after the July 14 meeting. Together, they arrived at a Second Proposed Comprehensive Agreement. This agreement, although less favorable vis-a-vis the pilots’ seniority lists, was acceptable to the AirTran Merger Committee because of other favorable terms, including salary increases. The Second Proposed Comprehensive Agreement reaffirmed the Process Agreement’s three-step ratification process: (1) negotiation between and agreement by the Merger Committees; (2) submission to and approval of ALPA’s MEC and Southwest’s BOD; and (3) after these *650 approvals, submission to the airlines’ pilots for ratification.

Over the next few weeks, the Merger Committees converted the Second Proposed Comprehensive Agreement into a number of separate documents (collectively, “Integration Agreement 1”), including “Side Letter 9,” which set forth the new integrated pilot seniority list and changes to the CBA that would incorporate both airlines’ pilots. SWAPA’s BOD approved Side Letter 9, and the next day pilots from both airlines could view the proposed combined seniority list on ALPA’s website. Days later, the entire Integration Agreement 1 was posted to the website, where it was accessible to all AirTran pilots.

The parties agree that ALPA’s MEC received substantial feedback from pilots regarding Integration Agreement 1 in person and via phone, email, and online forum postings. Although the Pilots emphasize that many AirTran pilots had favorable views of the proposed deal, it is undisputed that the pilots were not unanimously in favor of it. The MEC held a series of meetings from August 16 to 18, 2011 to debate Integration Agreement 1. The meetings included closed sessions (attended by MEC and AirTran Merger Committee members and advisors) and an open forum attended by some 200 AirTran pilots. The AirTran Merger Committee presented information to the pilots in attendance at this forum regarding risks associated with accepting or rejecting Integration Agreement 1.

The pilots in attendance were presented with a series of PowerPoint slides entitled “Risk,” which informed them that, at the July 14 meeting with Southwest executives, the “concerns and risks of not reaching agreement and for management to make an overall proposal to resolve seniority and contractual issues ... were given specific voice in this instance by [Southwest] management.” Doc. 21-11 at 51. 4

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Bluebook (online)
635 F. App'x 647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christopher-p-jamison-v-air-line-pilots-association-international-ca11-2015.