International Ass'n of Machinists Workers, Local Lodge 964 v. BF Goodrich Aerospace Aerostructures Group

387 F.3d 1046
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 1, 2004
DocketNo. 03-55085
StatusPublished
Cited by26 cases

This text of 387 F.3d 1046 (International Ass'n of Machinists Workers, Local Lodge 964 v. BF Goodrich Aerospace Aerostructures Group) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Ass'n of Machinists Workers, Local Lodge 964 v. BF Goodrich Aerospace Aerostructures Group, 387 F.3d 1046 (9th Cir. 2004).

Opinion

O’SCANNLAIN, Circuit Judge.

We must decide whether provisions of a collective bargaining agreement requiring a corporate employer to pay salary and benefits to a full-time union representative violate the federal Labor Management Relations Act.

I

BF Goodrich Aerospace Aerostructures Group (“Goodrich”) and the International Association of Machinists and Aerospace Workers, Local Lodge 964 (“the union”) are longstanding parties to a collective bargaining agreement (“the agreement”).1 Pursuant to the agreement, union members elect a “Chief Shop Steward” who continues to draw his salary and benefits while working primarily on “the investigation and prosecution of union grievances.”2

[1048]*1048In May 2000, James Cifu (“Cifu”) was elected Chief Shop Steward after serving nearly 20 years as a maintenance mechanic at Goodrich’s Riverside, California plant. Throughout his tenure at Riverside, Cifu was an exceptionally dedicated worker who always had requested and worked as many overtime hours as possible. Indeed, during the years preceding his election, Cifu testified that he had averaged the equivalent of 365 working days per year.

Following his election and in accord with the agreement, Cifu retained his formal classification as a maintenance mechanic, and he continued to draw full salary and benefits from Goodrich. Unlike any of his predecessors, however, he also continued to volunteer for overtime maintenance mechanic work assignments — assignments that exceeded the scope of his duties as a full-time Chief Shop Steward. Even though overtime assignments were always available when Cifu volunteered, and despite the fact that Goodrich often had to hire subcontractors to perform needed mechanical work because too few of the company’s regular maintenance mechanics volunteered for weekend overtime, Goodrich routinely denied Cifu’s requests.

Cifu eventually filed a grievance alleging that Goodrich’s refusal to assign him overtime hours on the same basis as other classified maintenance mechanics violated the agreement. An arbitration hearing was held August 30, 2001, and on January 18, 2002, arbitrator Mei Bickner ruled that Goodrich’s conduct had violated the agreement. She promptly ordered Goodrich to “make the Grievant whole.” On April 17, 2002, Goodrich filed suit in the Central District of California seeking to vacate the arbitration award on grounds that it violated provisions of the Labor Management Relations Act (“LMRA”)3 and the National Labor Relations Act (“NLRA”).4

On May 14, 2002, Goodrich amended its complaint to request a declaratory judgment voiding those provisions of the agreement requiring the company to pay salary and benefits to the Chief Shop Steward, arguing that such payments were prohibited by LMRA. On June 5, 2002, the union simultaneously answered Goodrich’s amended complaint and filed a cross-petition seeking confirmation of the arbitral award. The parties eventually agreed to a joint stipulation of facts regarding the Chief Shop Steward’s responsibilities, and in mid-November filed competing motions for summary judgment.

On December 20, 2002, the district court entered an order denying Goodrich’s motion for summary judgment and granting the union’s motion for summary judgment, the effect of which was to affirm the arbi-tral award and to “uphold[ ] all provisions of the [agreement]” relating to Goodrich’s payments to the Chief Shop Steward. Shortly after Goodrich filed a timely notice of appeal, the parties fully resolved the underlying dispute regarding the Chief Shop Steward’s entitlement to overtime work. The sole claim pressed by Goodrich [1049]*1049on appeal is that the agreement’s requirement that the company fully compensate a full-time union steward violates LMRA, and the only relief the company seeks is a declaratory judgment invalidating and severing the allegedly offending provisions from the remaining agreement.

II

Before reaching the merits of Goodrich’s appeal, we must address whether this litigation continues to present a live case or controversy. Parties to a federal action must “continue to have a personal stake in the outcome of the lawsuit” at every stage of the proceedings. United States v. Verdin, 243 F.3d 1174, 1177 (9th Cir.2001), (quoting Spencer v. Kemna, 523 U.S. 1,7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998), (quoting Lewis v. Cont’l Bank Corp., 494 U.S. 472, 477, 110 S.Ct. 1249, 108 L.Ed.2d 400 (1990))) (internal quotation marks omitted). “This means that, throughout the litigation, the plaintiff must have suffered, or be threatened with, an actual injury traceable to the defendant and likely to be redressed by a favorable judicial decision.” Spencer v. Kemna, 523 U.S. at 7, 118 S.Ct. 978 (1998) (quoting Lewis, 494 U.S. at 477, 110 S.Ct. 1249). The parties’ agreement that this case remains justiciable does not vitiate our responsibility to consider sua sponte our jurisdiction over this appeal. See Dittman v. California, 191 F.3d 1020, 1025 (9th Cir.1999).

The jurisdictional pressure point in this case stems from the fact that, shortly after Goodrich filed this appeal, the parties’ agreement expired. One might plausibly argue that because the particular contractual clauses Goodrich wishes to have the court declare illegal are no longer operative, a declaratory judgment invalidating them would have no practical effect.

We are not so sure. Courts long “have been aggressive in determining that a [collective bargaining] dispute remains live because the disputed issue continues to shape the. parties? periodic bargaining or day-to-day interaction.” Kennecott Utah Copper Corp. v. Becker, 186 F.3d 1261, 1266 (10th Cir.1999) (citing Jacksonville Bulk Terminals, Inc. v. Int'l Longshoremen’s Ass’n, 457 U.S. 702, 704 n. 1, 102 S.Ct. 2672, 73 L.Ed.2d 327 (1982); Super Tire Eng’g Co. v. McCorkle, 416 U.S. 115, 121-25, 94 S.Ct. 1694, 40 L.Ed.2d 1 (1974); Int’l Bhd. of Teamsters v. Southwest Airlines Co., 875 F.2d 1129, 1132-33 (5th Cir. 1989) (en banc)).

Thus, in holding that litigation concerning provisions of an expired collective bargaining agreement was not moot, the Tenth Circuit found particularly significant the fact that “clauses in' the current [agreement] recapitulate verbatim the clauses in the [predecessor agreement] interpreted by the award,” so that any resolution of issues arising out of the parties’ prior agreement would likely impact their ongoing relationship. Kennecott Utah Copper, 186 F.3d at 1266. Sitting en banc, the Fifth Circuit has noted that, in renewing provisions of an agreement that had expired during the course of litigation, the parties had preserved a live controversy by “negotiatpng] a new agreement without resolving th[eir] dispute.” Southwest Airlines, 875 F.2d at 1133.

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387 F.3d 1046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-assn-of-machinists-workers-local-lodge-964-v-bf-goodrich-ca9-2004.