Pichler v. UNITE

542 F.3d 380, 184 L.R.R.M. (BNA) 3278, 2008 U.S. App. LEXIS 19226, 2008 WL 4138410
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 9, 2008
Docket06-4522, 06-4721
StatusPublished
Cited by194 cases

This text of 542 F.3d 380 (Pichler v. UNITE) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pichler v. UNITE, 542 F.3d 380, 184 L.R.R.M. (BNA) 3278, 2008 U.S. App. LEXIS 19226, 2008 WL 4138410 (3d Cir. 2008).

Opinions

OPINION OF THE COURT

CHAGARES, Circuit Judge.

This case presents several issues of first impression in this court of appeals regarding application of the Driver’s Privacy Protection Act of 1994 (the DPPA), 18 U.S.C. §§ 2721-2725. After certifying a class to proceed against the defendant-labor union, the District Court construed certain provisions of the DPPA and granted summary judgment to all but three of the named plaintiffs (plaintiffs). The court found that the union’s labor organizing activities violated plaintiffs’ privacy rights under the DPPA and awarded monetary and injunc-tive relief. However, the court granted the union summary judgment on plaintiffs’ claims for punitive damages and dismissed the claims of the three other plaintiffs. The court deferred judgment as to class-wide relief, awaiting appellate clarification on the novel issues raised. Both sides have appealed. We will affirm in part, vacate in part, and remand for further proceedings.

I.

In the fall of 2002, the Union of Needle-trades, Industrial & Textile Employees AFL-CIO (UNITE)1 decided to launch a union organizing campaign targeting Cin-tas Corporation (Cintas). Cintas, the largest domestic employer in the industrial laundry industry, is philosophically opposed to unions and union organizing. UNITE was concerned with what it saw as Cintas’ low wages, poor benefits, unsafe working conditions, discriminatory practices, and violations of various labor laws. The International Brotherhood of Teamsters AFL-CIO (Teamsters) already represented some Cintas employees, and the two unions therefore agreed to work together on the campaign.2

From its inception, a major component of the campaign to organize and unionize Cintas workers was finding potential legal claims against Cintas. UNITE sought to use litigation as a means of raising the standards in the industrial laundry industry, and to demonstrate to Cintas’ employees the effectiveness and usefulness of labor organizing. UNITE believed that [384]*384house calls were essential to the campaign’s success because it thought workers would be reluctant to talk to union organizers at work for fear of retaliation by Cintas management. In order to contact employees, UNITE compiled lists of names and addresses of presumed Cintas workers from a variety of sources. Among these sources, UNITE used license plate numbers on cars found in Cintas parking lots to access information contained in state motor vehicle records relating to those license plates. This technique is known as “tagging.”

Generally, UNITE organizers would enter or observe a Cintas parking lot and either write down or dictate into a tape recorder the license plate numbers on cars seen parked in, entering, or leaving the lot. The organizers would then take their lists of license plate numbers and access motor vehicle records either by using a Westlaw database or through private investigators or “information brokers.” Appendix (App.) 229. The information brokers would — either directly or through intermediaries — obtain the information by applying to state motor vehicle bureaus.

Through these methods, UNITE accessed the motor vehicle records of the plaintiffs and a plaintiff class estimated by the parties to consist of between 1,758 and 2,005 Cintas employees, or relatives or Mends of Cintas employees. UNITE visited the homes of many of these class members as well. During one such home visit on February 7, 2004, two women approached the house of plaintiff Kevin Quinn and rang his doorbell. When Quinn opened the door, they asked for him by name. He replied “That’s me.” App. 238. When the women informed him that “they were organizing a union campaign against Cintas,” he told them he was not interested and shut the door. Id. The women returned to their car and departed.

In addition to Quinn, plaintiffs include other individuals employed by Cintas at all times relevant to this case — Elizabeth Pi-chler, Jose Sabastro, Thomas Riley, Seth Nye, and Russell Daubert.3 Plaintiffs also include several non-Cintas employees— Russell Christian, Deborah Sabastro, Carri Daubert, Holly Marston, and Amy Riley. Russell Christian is the boyfriend and housemate of Cintas employee Kathleen Kelly (who the District Court dismissed for lack of standing).4 Christian owns the car Kelly drives and is the person whose motor vehicle records UNITE accessed. When a UNITE organizer came to their home, he asked to speak to Christian. Holly Marston is the mother of Seth Nye, and the two co-own the car whose records were accessed (thereby obtaining the identities of both individuals). Amy Riley is Thomas Riley’s wife, and they co-own the car whose records were searched as well. Deborah Sabastro and Carri Daubert are the wives of Jose Sabastro and Russell Daubert, but UNITE accessed only their husbands’ motor vehicle records as their cars were registered to their husbands. The court dismissed both wives’ claims for lack of standing.

The original complaint in this case was filed on June 28, 2004. App. 27. Shortly thereafter, plaintiffs filed a one-count amended class action complaint alleging that the Teamsters, UNITE, and [385]*385UNITE’s President, Bruce Raynor, violated the DPPA.

On May 31, 2005, the court certified a class to proceed against UNITE, though not against Raynor, and dismissed the claims of Kathleen Kelly, Carri Daubert, and Deborah Sabastro for lack of standing. See Pichler v. UNITE, 228 F.R.D. 230 (E.D.Pa.2005) (Pichler I). On August 30, 2006, the court granted summary judgment against UNITE and awarded the plaintiffs $2,500 each, and granted summary judgment in favor of Raynor. See Pichler v. UNITE, 446 F.Supp.2d 353 (E.D.Pa.2006) (Pichler II). Pursuant to Federal Rule of Civil Procedure 54(b), the court also certified the case for appellate review, deferring the questions about class-wide and injunctive relief. Finally, on October 17, 2006, the court amended its previous judgment and granted UNITE summary judgment on the issue of punitive damages. See Pichler v. UNITE, 457 F.Supp.2d 524 (E.D.Pa.2006) (Pichler III). The court also granted separate awards to Thomas Riley and Amy Riley, co-owners of a vehicle whose records UNITE searched,5 and permanently enjoined UNITE and its employees from using or disclosing any of the plaintiffs’ personal information obtained by UNITE in violation of the DPPA. This appeal followed.

II.

The District Court had subject matter jurisdiction over this federal question action under 28 U.S.C. § 1331. We have jurisdiction over this appeal from the final decision of the District Court pursuant to 28 U.S.C. § 1291.6

We review the District Court’s construction of federal statutes de novo. Chao v. Cmty. Trust Co., 474 F.3d 75, 79 (3d Cir.2007). We also review a grant or denial of summary judgment de novo, applying the same standard as the District Court. Marten v. Godwin, 499 F.3d 290, 295 (3d Cir.2007). Summary judgment is [386]

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542 F.3d 380, 184 L.R.R.M. (BNA) 3278, 2008 U.S. App. LEXIS 19226, 2008 WL 4138410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pichler-v-unite-ca3-2008.