Eastern Air Lines, Inc. v. Air Line Pilots Ass'n Inernational

920 F.2d 722
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 20, 1990
DocketNo. 90-5658
StatusPublished
Cited by6 cases

This text of 920 F.2d 722 (Eastern Air Lines, Inc. v. Air Line Pilots Ass'n Inernational) 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
Eastern Air Lines, Inc. v. Air Line Pilots Ass'n Inernational, 920 F.2d 722 (11th Cir. 1990).

Opinions

HATCHETT, Circuit Judge:

In this expedited case, we affirm the district court’s ruling that Eastern Air Lines, Inc. (Eastern) is obligated under the Railway Labor Act to reinstate returning pilot-strikers prior to awarding pilot positions to new hire pilots who, at the time the pilot-strikers unconditionally offered to return to work, had not successfully completed Eastern’s training program and had not started flying regular revenue flights.

FACTS

On March 4, 1989, the International Association of Machinists and Aerospace Workers, AFL-CIO (IAM), which is the collective bargaining representative for mechanics and ground service employees at Eastern, initiated a strike against Eastern. On the same day, the Air Line Pilots Association, International (ALPA), which is the collective bargaining representative for Eastern’s pilots, and the Eastern pilot group decided to honor the IAM’s picket lines by engaging in a sympathy strike.

Shortly after the strike commenced, Eastern began hiring and training new pilots to fill vacant positions caused by the strike. For at least the first ten days of this hiring process, Eastern told prospective new hire pilots that they would become Eastern employees and assume permanent status upon completion of their training. Subsequently, Eastern informed new hire pilots that they would be considered permanent replacements for Eastern’s striking pilots on the first day of training.

Eastern periodically entered the new recruits into the pilot training program which it administered under Federal Aviation Administration (FAA) guidelines. The training program lasted at least eight weeks (but in some cases took as long as four months), and included ground school instruction, oral and written examinations, and extensive use of sophisticated cockpit and flight simulators. See generally 14 C.F.R. §§ 121.403-09, 121.424, 121.433 (1990). New hire pilots were also required to complete between ten to twenty-five hours of operating experience on the type of aircraft for which they had been trained. This operating experience, called Initial Operating Experience (IOE), must be performed on Eastern aircraft under the supervision of a “check pilot.” See 14 C.F.R. § 121.434 (1990). Under FAA requirements, Eastern’s pilot trainees must pass: (1) an FAA-administered examination after completing ground school; (2) an FAA-administered simulator test; and (3) an FAA-administered check ride at the conclusion of IOE. If the trainee successfully completes each of these requirements, the FAA issues a certificate which permits the trainee to fly regular revenue flights under Eastern’s supervision and authority.

By early August of 1989, many of Eastern’s striking pilots had made unconditional offers to return to work. On August 11, 1989, Eastern publicly stated that no pilot positions were available to former strikers. Instead, Eastern announced that strikers wishing to return to work would be placed on inactive status on a preferential recall list for future pilot positions as they became available. As of August 11, 1989, a significant number of new hire replacement pilots were still in training.

On November 22, 1989, the ALPA terminated the pilot strike and notified Eastern that all former strikers were immediately and unconditionally available to return to work. As of that date, at least 227 new hire replacement pilots remained in training.1 From at least early August, 1989, until August 2, 1990, when the district court granted ALPA’s motion for a preliminary injunction, Eastern filled vacant pilot positions by giving preference to its new hire pilots, rather than Eastern’s striking pilots who had. unconditionally offered to return to service.

PROCEDURAL HISTORY

On August 11, 1989, Eastern filed this action against ALPA seeking a declaratory judgment under the Railway Labor Act (RLA), 45 U.S.C. §§ 151-188, declaring that [724]*724its “new hire pilots in training are permanent replacements who may not be deprived of active employment by strikers who have offered to return to work but have not yet been reinstated.” ALPA counterclaimed requesting injunctive, declaratory, and monetary relief under the RLA. By its counterclaim, ALPA sought to vindicate its rights and the rights of former strikers against “Eastern’s refusal to reinstate former strikers to Eastern pilot positions by treating non-employee ‘trainees’ as permanent replacements.” Both Eastern and ALPA filed motions for summary judgment. ALPA also moved for preliminary injunctive relief under Count I of its counterclaims.

The district court entered summary judgment for ALPA and denied Eastern’s request for summary judgment. Further, the district court granted ALPA’s motion for preliminary injunctive relief under Count I of its counterclaims, (1) enjoining Eastern from treating its trainees as permanent replacements, or awarding trainees pilot positions ahead of former striking pilots who unconditionally returned to work, (2) ordering reinstatement for each former striking pilot prior to awarding pilot positions to new hire pilots who remained trainees as of November 22,1989, and (3) enjoining displacement of striking pilots by new hire pilots who remained trainees as of November 22, 1989. ALPA’s motion for preliminary injunctive relief defined trainees as “new hire pilot recruits who have not completed new hire pilot training — including Initial Operating Experience training flights and the receipt of a final Federal Aviation Administration ... release to perform Eastern pilot services — and have not flown their initial, FAA-authorized Eastern revenue flight.”

CONTENTIONS

Eastern contends that the district court erroneously ruled that the RLA requires it to displace its newly hired trainee pilots and reinstate former striking pilots to available Eastern pilot positions. According to Eastern, its new hire pilots who were still in training when the strike ended, were permanent employees. Consequently, Eastern argues that under striker replacement law, the returning strikers are not entitled to displace these permanent replacement pilots. Further, Eastern contends that the district court’s preliminary injunction is impermissibly vague. Fed.R. Civ.P. 65(d).

ALPA contends that the district court properly granted summary judgment because Eastern violated the RLA by refusing to reinstate returning strikers prior to awarding pilot positions to pilot trainees. Pilot trainees are not “permanent replacements” under the RLA, ALPA argues, until they fully complete training and operate their post-IOE initial revenue flight. Moreover, ALPA contends that the district court’s preliminary injunction satisfies the requirements of Fed.R.Civ.P. 65(d).

ISSUE

The sole issue in this case is whether the district court correctly determined that the RLA requires Eastern to reinstate former striking pilots prior to awarding pilot positions to new hire pilots in training.2

DISCUSSION

A. Standard of Review

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Bluebook (online)
920 F.2d 722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eastern-air-lines-inc-v-air-line-pilots-assn-inernational-ca11-1990.