Pan American World Airways, Inc. v. The Civil Aeronautics Board

683 F.2d 554, 221 U.S. App. D.C. 213, 110 L.R.R.M. (BNA) 3237, 1982 U.S. App. LEXIS 17196
CourtCourt of Appeals for the D.C. Circuit
DecidedJuly 23, 1982
Docket81-1963
StatusPublished
Cited by9 cases

This text of 683 F.2d 554 (Pan American World Airways, Inc. v. The Civil Aeronautics Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pan American World Airways, Inc. v. The Civil Aeronautics Board, 683 F.2d 554, 221 U.S. App. D.C. 213, 110 L.R.R.M. (BNA) 3237, 1982 U.S. App. LEXIS 17196 (D.C. Cir. 1982).

Opinion

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

In this appeal we are asked to review an order of the Civil Aeronautics Board (CAB or the Board) directing Pan American World Airways (Pan Am) to arbitrate certain claims filed by a former National Airlines (National) employee pursuant to the labor protective provisions (LPP’s) imposed by the Board as a condition to approving the merger of National into Pan Am. Two questions are presented for our review. We must first consider whether the Board reasonably determined that the claimant’s eligibility for LPP benefits was an arbitrable issue. Second, we must decide whether the claimant alleged facts that, on their face, stated claims for which relief could be granted under the LPP’s. Because we believe the Board did not abuse its discretion in finding a colorable right to arbitration in this case, we answer both questions in the affirmative and accordingly affirm the Board’s order in its entirety.

I. BACKGROUND

A. The LPP’s

Under section 408 of the Federal Aviation Act, 49 U.S.C. § 1378 (1976 & Supp. III 1979), mergers of air carriers are subject to CAB approval upon terms and conditions that are “just and reasonable.” 49 U.S.C. § 1378(b)(1). Pursuant to this provision *556 and its statutory predecessor, the Board has for many years conditioned its approval of airline mergers upon acceptance of LPP’s “designed to protect the employees of the merged airlines from any adverse impact the merger may have on conditions of employment ... and also to establish machinery for the peaceful settlement of any labor-management disputes arising out of the merger.” International Association of Machinists & Aerospace Workers v. Northeast Airlines, Inc., 473 F.2d 549, 559 (1st Cir.), cert. denied, 409 U.S. 845, 93 S.Ct. 48, 34 L.Ed.2d 85 (1972) (citations omitted). Standard LPP’s have evolved 1 and are normally imposed by the Board subject only to minor modifications tailored to suit particular circumstances. The LPP’s provide generally that employees shall be no worse off after a merger than before, that the company shall pay costs incurred by employees as a result of the merger, and that employees who are discharged because of the merger are entitled to a dismissal allowance. One provision authorizes arbitration of any disputes arising under the LPP’s. 2

B. The Motion To Compel Arbitration

On October 24, 1979, the CAB approved Pan Am’s application for acquisition of control of, and merger with, National subject to Pan Am’s acceptance of the standard LPP’s. Pan American —Acquisition of Control of, and Merger with, National Airlines, Docket 33283, [hereinafter Pan Am-National Merger], C.A.B. Orders 79-12-164 and 79-12-165 (adopted Oct. 24, 1979, effective Dec. 27, 1979). Pan Am accepted the LPP’s, and the merger was consummated in January 1980. On February 3,1981, Robert Wallace, a former National employee who accepted employment with Pan Am after the merger, filed a motion requesting the Board to compel arbitration of a dispute involving his right to LPP benefits. In his original petition and subsequent pleadings, Wallace claimed entitlement to benefits under three separate LPP provisions. Wallace’s first claim was for a “displacement allowance” under section 4 of the LPP’s. 3 Such allowances are to be given to employees who are “placed in a worse position with respect to compensation" as a result' of the merger. Wallace admitted that he had suffered no reduction in salary since the merger, but he claimed that his total monetary compensation — including bonuses, expense account remuneration, and prospective raises — was lower in his position with Pan Am than in his previous position with National. Second, Wallace claimed that under section 6 of the LPP’s he was entitled to retain certain fringe benefits that he had enjoyed in his position with National, such as a private office and secretary, credit cards, business travel, and job responsibility. 4 Fi *557 nally, Wallace charged that his change from a “middle-management level administrator” at National to a “lower-level management procedure writer and processing clerk” at Pan Am constituted a denial of opportunities and continued employment in his former “class, craft, or field of endeavor,” contrary to section 12 of the LPP’s. 5

On April 1, 1981, Wallace amended his original motion for an order directing arbitration, stating that on March 31, 1981, he had received notice from Pan Am that his employment would be terminated as of April 13. Wallace alleged that his discharge was in retaliation for his assertion of rights under the LPP’s. He accordingly sought arbitration to resolve the “cause, effect and remedy” of his dismissal.

C. Pan Am’s Response to Wallace’s Claims

In response to Wallace’s claims, Pan Am argued that an employee was entitled to a displacement allowance under section 4 only when there had been a reduction in salary, which Wallace admitted was not the case here. Pan Am further contended that benefits under section 6 accrue only when an employee is entitled to a dismissal or displacement allowance, and that, in any event, the perquisites claimed by Wallace are not “benefits” within the meaning of the section. With regard to Wallace’s section 12 claim, Pan Am argued that, since Wallace had not been required to change his field of endeavor but had in fact declined two positions within his field and had accepted a third position with a higher salary, the section was inapplicable. Moreover, Pan Am questioned whether Wallace, as a member of management, had any rights at all under the LPP’s.

Pan Am denied the retaliatory dismissal allegation, stating that Wallace was one of twenty-one employees dismissed as of April 13 for economic reasons unrelated to the merger. Furthermore, the airline contended that Wallace’s discharge could not have been in retaliation for his assertion of LPP “rights,” since he had failed to allege any facts that would give rise to benefits under the LPP’s.

D. The Board’s Orders Directing Arbitration

In July 1981 the Board issued an order directing arbitration of two of Wallace’s claims. Pan Am-National Merger, C.A.B. Order 81-7-39 (July 7, 1981); Petitioner’s Appendix (P. App.) at 83-88. 6

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683 F.2d 554, 221 U.S. App. D.C. 213, 110 L.R.R.M. (BNA) 3237, 1982 U.S. App. LEXIS 17196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pan-american-world-airways-inc-v-the-civil-aeronautics-board-cadc-1982.