Jolicoeur-Vasseur v. Ass'n of Professional Flight Attendants

405 F. App'x 66
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 22, 2010
DocketNo. 10-1668
StatusPublished
Cited by1 cases

This text of 405 F. App'x 66 (Jolicoeur-Vasseur v. Ass'n of Professional Flight Attendants) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jolicoeur-Vasseur v. Ass'n of Professional Flight Attendants, 405 F. App'x 66 (7th Cir. 2010).

Opinion

ORDER

American Airlines fired Eve Jolicoeur-Vasseur for failing to pay dues to her union, the Association of Professional Flight Attendants, as required by the collective bargaining agreement. Jolicoeur-Vasseur then sued the union under the Railway Labor Act, see 45 U.S.C. §§ 151 to 164, claiming that it breached its duty of fair representation by failing to give notice that her dues were in arrears and then by thwarting her efforts to grieve her termination. She also sued American, but her action against the airline is wholly derivative of her claim against the union, and so we can ignore it here. A magistrate judge, presiding by consent, granted summary judgment to the union. We agree with that court’s analysis and affirm the judgment.

Except as noted, the facts are not disputed. Jolicoeur-Vasseur’s career with American spanned 16 years. When she was working or on paid leave, the airline automatically deducted union dues from her pay. But she also took a significant amount of unpaid leave, and during those periods, Jolicoeur-Vasseur was obligated to pay the union directly unless she could establish an exemption. She did neither, says the union, and by January 2007 was $600 in arrears. (Jolicoeur-Vasseur disputes the liability but concedes that the union certified with the airline that she owed that amount.) In both April and May 2007 the union mailed her a letter itemizing her unpaid dues but both letters, [68]*68which were sent via regular mail, certified mail, and FedEx, went undelivered.

Then in June 2007 the union’s treasurer, Cathy Lukensmeyer, learned that Jolicoeur-Vasseur would be in Dallas, Texas, that month for training near the union’s headquarters. On June 13 she went to the training facility with her colleague, Michael Parker, to notify Jolicoeur-Vasseur in person that she had unpaid dues. The parties dispute the details of that meeting. According to Jolicoeur-Vasseur, Lukensmeyer called her out of a training session, showed her a “multipage document,” and asked her to sign the last page. Jolicoeur-Vasseur insists that she couldn’t spare the time to read the document, but she acknowledges reading enough to know that it concerned a threat of termination for nonpayment of union dues totaling more than $600. Jolicoeur-Vasseur refused to sign a delivery receipt, and she has equivocated about whether she walked away from the meeting with the document in hand. At first, in a declaration executed in January 2008 — after she had hired counsel to negotiate her reinstatement but before she filed this lawsuit — she professed an inability to recall whether Lukensmeyer had let her keep the letter. In a deposition months later, however, Jolicoeur-Vasseur testified that Lukensmeyer did not give her a copy of the letter. Both Lukensmeyer and Parker, by contrast, testified at their depositions that Jolicoeur-Vasseur departed with the three-page letter. The parties do agree that Jolicoeur-Vasseur refused Parker’s offer to help her update her address, and that Lukensmeyer gave Jolicoeur-Vasseur a business card and asked her to call to discuss the unpaid dues. Jolicoeur-Vasseur says she called Lukensmeyer several times over the following weeks but never reached her. Lukensmeyer acknowledges missing one call, but says that Jolicoeur-Vasseur did not leave a return number and could not be reached at any of the numbers the union had on file. The two women did not connect until after Jolicoeur-Vasseur was fired.

On July 17, 2007, the union certified to American that Jolicoeur-Vasseur was more than 60 days in arrears on her dues and asked the airline to fire her as required by the collective bargaining agreement. According to Article 31 of the agreement, once the union notifies American that a flight attendant’s dues are in arrears, American “shall then take proper steps to discharge such employee from service.” The airline began this process on July 25, 2007, when Aprille Gordon, Jolicoeur-Vasseur’s direct supervisor, wrote to inform her that, as a consequence of her unpaid dues, she would be fired in 14 days. The letter identified the applicable provision of the collective bargaining agreement and notified Jolicoeur-Vasseur that she could contest the decision by contacting Gordon in writing “within seven (7) days from the date the grievance arises.” Gordon mailed the letter to Jolicoeur-Vasseur’s permanent address on file, her mother’s house, and also sent a copy to her sister. Both letters arrived on July 30. Gordon got these addresses — which differed from the addresses the union had tried — from American’s database of contact information for flight attendants. Jolicoeur-Vasseur had updated that database to include her mother’s address as recently as October 2006.

Two weeks later, when Jolicoeur-Vasseur completed her shift and cleared customs after an international flight, Gordon met her to collect her badge and keys. Gordon told Jolicoeur-Vasseur that she was being fired because she had failed to pay her union dues. Jolicoeur-Vasseur replied that this was the first she had heard of unpaid dues, and Gordon responded that she and members of the un[69]*69ion had been trying to reach Jolicoeur-Vasseur for some time. When Gordon gave Jolicoeur-Vasseur a copy of the termination letter dated July 25, she denied seeing it previously. Jolicoeur-Vasseur then asked where the letter had been sent, and when told she remarked that both addresses were outdated. Jolicoeur-Vasseur was not taking the news well, so Gordon called Lukensmeyer and invited Jolicoeur-Vasseur to speak with her directly. Jolicoeur-Vasseur then told Lukensmeyer that she would pay the dues, but Lukensmeyer said it was too late to pay the money or ask the union to change its decision.

Jolicoeur-Vasseur hired a lawyer and tried without success to get the union to reverse its decision so that American could reinstate her. She then filed this lawsuit. Jolicoeur-Vasseur claimed that the union had breached its duty of fair representation by prompting American to fire her before giving adequate notice of her unpaid dues and then concealing from her that she could grieve her discharge. In granting summary judgment, the magistrate judge concluded that, as far as the undisputed evidence showed, the union had done more than required by the collective bargaining agreement when Lukensmeyer, its treasurer, confronted Jolicoeur-Vasseur in Dallas and personally conveyed that her dues were substantially in arrears. The court reasoned that, even giving her every benefit of the doubt, Jolicoeur-Vasseur conceded that Lukensmeyer had shown her a “multipage document” complete with the amount owed, and that encounter was enough to put her on notice of the union’s position. The court also rejected Jolicoeur-Vasseur’s contention that the union concealed the grievance procedures from her, reasoning that both the letter Lukensmeyer brought to Dallas and the termination letter that was delivered to her permanent address informed her of her right to file a grievance.

On appeal Jolicoeur-Vasseur says nothing about the magistrate judge’s analysis of the evidence discussed in the order granting summary judgment. Instead, Jolicoeur-Vasseur seeks to undermine the adverse ruling by asserting that the magistrate judge ignored evidence that she had given American an updated mailing address before the airline sent the termination letter to her mother’s home on July 25. Our review is de novo. See Adelman-Reyes v. Saint Xavier Univ., 500 F.3d 662, 665 (7th Cir.2007).

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405 F. App'x 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jolicoeur-vasseur-v-assn-of-professional-flight-attendants-ca7-2010.