Paul E. Montplaisir v. Richard J. Leighton

875 F.2d 1, 1989 U.S. App. LEXIS 6428, 1989 WL 47993
CourtCourt of Appeals for the First Circuit
DecidedMay 11, 1989
Docket88-1979
StatusPublished
Cited by75 cases

This text of 875 F.2d 1 (Paul E. Montplaisir v. Richard J. Leighton) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paul E. Montplaisir v. Richard J. Leighton, 875 F.2d 1, 1989 U.S. App. LEXIS 6428, 1989 WL 47993 (1st Cir. 1989).

Opinions

SELYA, Circuit Judge.

With apologies to the poet,1 this case is “here as on a darkling plain swept with confused alarms of struggle and flight.” But the darkness is more apparent than real: by ignoring the grating roar of partisan rhetoric and concentrating instead on what Congress purposed and what the Court has taught, ample illumination is to be found. In the light of reason and precedent, the district court’s dismissal of the action was proper.

I. STATEMENT OF THE CASE

In 1981, appellants Paul Montplaisir, Richard Nemi, Roger Wilson, and Robert O’Connell were employed as air traffic controllers (ATCs) at a Federal Aviation Administration (FAA) facility in Nashua, New Hampshire. The Professional Air Traffic Controllers Organization (PATCO), a union to which the four belonged, was the exclusive bargaining representative for all ATCs in the FAA’s employ. PATCO struck — illegally — on August 3, 1981. President Reagan called the strikers’ bluff and ordered the dismissal of those who, like appellants, refused to return to work immediately. Consequently, appellants were cashiered.

Casting about for remediation, appellants invoked diversity jurisdiction, 28 U.S.C. § 1332(a), and brought suit in the United States District Court for the District of New Hampshire against attorney Richard J. Leighton and Leighton, Conklin, Lemov, Jacobs, & Buckley, a law firm. They alleged that defendants, who served in 1981 as PATCO’s general counsel, encouraged the unlawful strike and negligently advised [2]*2union members (plaintiffs included) that they ran no significant risk of losing their jobs by participating in the walkout. Plaintiffs claim to have heeded this advice, with the dire consequences already related. None of them, however, had an individual attorney-client relationship with defendants at any time pertinent to this appeal. Rather, defendants were retained by, and acted on behalf of, PATCO while conducting the pre-strike counseling at which this litigation is aimed.

Plaintiffs describe their multicount complaint2 as follows:

All four Plaintiffs allege that the Defendants, by their actions in encouraging participation in the 1981 PATCO strike and in failing to properly advise Plaintiffs prior to, during and immediately after the strike, breached their contract and breached their duty to Plaintiffs (Counts I and II); negligently, intentionally and fraudulently made false representations (Counts III, IV, VI); and failed to disclose or otherwise appropriately respond to clear conflicts of interest between PATCO, as an organization, and individual PATCO members, including Plaintiffs (Counts VIII and X).

Appellants’ Brief at 4. Defendants moved to dismiss. Fed.R.Civ.P. 12(b)(1), (6). Believing that it lacked subject matter jurisdiction, the district court granted the motion. This appeal followed.

II. DISCUSSION

The complaint’s various statements of claim are largely window dressing: as appellants candidly concede, “[tjhis is a legal malpractice action....” Appellants’ Brief at 2. Therefore, the inquiry becomes: can the district courts exercise diversity jurisdiction over state-law malpractice claims brought by public employees against their union’s lawyers, when the alleged malpractice occurred within the ambit of the collective bargaining process? For the answer, we look to the governance of the federal workplace and to the rights and responsibilities of public-sector unions and employees. In so doing, we find that two federal labor-law doctrines converge to bar the action.

A. Exclusivity of CSRA.

While plaintiffs base their suit on a state cause of action, we cannot ignore the panoramic federal scheme for regulating federal employee relations. We view Congress’ deliberate consignment to an independent board, the Federal Labor Relations Authority (FLRA), of claims arising under the federal-sector labor statute as relevant to, though not necessarily controlling, the determination whether Congress intended to preempt state-law malpractice claims under the circumstances of this case. The pertinent federal enactment, Title VII of the Civil Service Reform Act of 1978 (CSRA), 5 U.S.C. § 7101 et seq., is an important component of the legislation which “comprehensively overhauled” the federal civil service. Lindahl v. OPM, 470 U.S. 768, 773, 105 S.Ct. 1620, 1624, 84 L.Ed.2d 674 (1985). Title VII allowed collective bargaining in the public sector and provided detailed methodologies for dispute resolution. See, e.g., 5 U.S.C. §§ 7116(d), 7121, 7122. The statute created the FLRA and vested it with responsibility for, inter alia, supervising the collective bargaining process, promulgating administrative rules for federal labor relations, and adjudicating disputes over such matters as negotiability, bargaining units, arbitration, and representation elections. See 5 U.S.C. §§ 7104, 7105(a)(1), 7105(a)(2)(A)-(I); see also Bureau of Alcohol, Tobacco and Firearms v. FLRA, 464 U.S. 89, 92-93, 104 S.Ct. 439, 441-42, 78 L.Ed.2d 195 (1983). In short, CSRA contains within its four corners “an elaborate remedial system that has been constructed step by step, with careful attention to conflicting policy considerations.” Bush v. Lucas, 462 U.S. 367, 388, 103 S.Ct. 2404, 2417, 76 L.Ed.2d 648 (1983).

Under the rules of that system, judicial oversight is “both prescribed and proscribed,” Tucker v. Defense Mapping [3]*3Agency, 607 F.Supp. 1232, 1238 (D.R.I.1985), and the district courts are largely omitted from the equation. Id. at 1238-39. Specifically, Title VII limits the federal judiciary’s role to three instances: an aggrieved party may request review of “final” FLRA orders in the courts of appeals; the FLRA may petition a court of appeals for enforcement of its orders; and the FLRA may seek an injunction in district court after issuing a complaint. 5 U.S.C. § 7123; see also Karahalios v. National Federation of Federal Employees, Local 1263, — U.S. -, 109 S.Ct. 1282, 1286, 103 L.Ed.2d 539 (1989); Columbia Power Trades Council v. United States Dept. of Energy, 671 F.2d 325, 327 (9th Cir.1982).

Because Congress constructed an “integrated scheme of administrative and judicial review,” United States v. Fausto, 484 U.S. 439, 108 S.Ct.

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875 F.2d 1, 1989 U.S. App. LEXIS 6428, 1989 WL 47993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-e-montplaisir-v-richard-j-leighton-ca1-1989.