Quigley v. Braniff Airways, Inc.

85 F.R.D. 74, 23 Fair Empl. Prac. Cas. (BNA) 1811, 28 Fed. R. Serv. 2d 1116, 1979 U.S. Dist. LEXIS 7924
CourtDistrict Court, N.D. Texas
DecidedDecember 18, 1979
DocketNo. CA-3-77-0298-G
StatusPublished
Cited by21 cases

This text of 85 F.R.D. 74 (Quigley v. Braniff Airways, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quigley v. Braniff Airways, Inc., 85 F.R.D. 74, 23 Fair Empl. Prac. Cas. (BNA) 1811, 28 Fed. R. Serv. 2d 1116, 1979 U.S. Dist. LEXIS 7924 (N.D. Tex. 1979).

Opinion

CLASS CERTIFICATION ORDER

PATRICK E. HIGGINBOTHAM, District Judge.

Plaintiff, an unsuccessful applicant for a position as a Braniff flight attendant, filed this action on March 8, 1977, alleging that she was refused employment because she is black, in violation of Title VII, 42 U.S.C. § 2000e-5. Plaintiff initially applied for a flight attendant position in 1973. She met Braniff’s education requirement by possessing a G.E.D., passed a pre-interview test, and was selected for an interview. She was disqualified at the interview stage, allegedly on the basis of her weight, and her unwillingness to relocate. In 1976, plaintiff entered into a partial conciliation agreement with Braniff, under which Braniff agreed to allow plaintiff to enter its flight attendant school. After completing Bran-iff’s training program, Quigley became a Braniff flight attendant.

I. The Proposed Expanded Class

On October 12, 1978, plaintiff moved to represent the following class:

All black applicants for flight attendant positions with the defendant and all black individuals who would, but for defendant’s discriminatory hiring and recruiting practices have applied and been hired by defendant from 4/26/73 until the present.

On February 21, 1979, plaintiff amended her motion and moved this court to certify this expanded class:

All black applicants for flight attendant, customer service agent or reservationist, or any other position within the EEO designated reporting category “sales” with the defendant and all black individuals who would, but for defendant’s discriminatory hiring and recruiting practices, have applied for and been hired by defendant for such positions from April 26, 1973, until the present.

Plaintiff is barred from representing the claims of black applicants for reservationist, customer service agent, and cargo sales agent positions. Because of the Consent Order and Decree entered in High v. Bran-iff Airways, Inc., C.A. No. SA-73-CA-208 (W.D.Tex., November 23, 1976), those claims against Braniff are res judicata and cannot be relitigated.

On August 27, 1973, Frederick H. High and nine other named plaintiffs brought a Title VII class action against Braniff Airways, the International Association of Machinists and Aerospace Workers (“IAM”), and the International Brotherhood of Teamsters (“Teamsters”). The Teamsters are the collective bargaining agent for Braniff’s reservationists, customer service agents, and cargo sales agents. The EEOC intervened as a party plaintiff. The court certified the class in this across-the-board suit as follows:

Black and Spanish-surnamed persons who have been rejected for employment by [Braniff] and all Black employees who have been employed by [Braniff] in positions within the scope of the IAM and [Teamsters] collective bargaining agreements throughout the United States

The black applicants for reservationist, customer service agent, and cargo sales agent positions which plaintiff now proposes to represent in addition to flight attendants were thus members of the certified class in the High case. The parties in High agreed to a settlement which was incorporated in a proposed Decree. Following a hearing in [76]*76open court, the court approved the Decree and entered it as a final judgment.

As a general rule, a final judgment on the merits bars a later action if: 1) the judgment was rendered by a court of competent jurisdiction; 2) the parties, or those in privity with them, are identical in both suits; and 3) the same cause of action is involved in both suits. , Wasoff v. American Automobile Insurance Co., 451 F.2d 767, 769 (5th Cir. 1971); Seaboard Coast Line Railroad v. Gulf Oil Corp., 409 F.2d 879, 881 (5th Cir. 1969). The Supreme Court has held that satisfaction of these criteria renders a judgment an absolute bar to a subsequent action, not only as to every matter which “was actually offered and received to sustain the demand, but also as to every ground of recovery which might have been presented.” Baltimore S. S. Co. v. Phillips, 274 U.S. 316, 319, 47 S.Ct. 600, 602, 71 L.Ed. 1069 (1927), quoted in Astron Industrial Associates, Inc. v. Chrysler Motors Corp., 405 F.2d 958, 960 (5th Cir. 1968).

The High decree satisfies each of the three criteria set forth in Wasoff and Seaboard. There is no question that the United States District Court for the Western District of Texas had jurisdiction over the High parties and subject matter. Furthermore, there is sufficient identity of parties. Braniff was the defendant in both cases, and black applicants for reservationist, customer service agent, and cargo sales agent positions were members of both the High class and the proposed class in this case. Finally, both suits involve the same cause of action. The Fifth Circuit in Seaboard set forth the test for “the same cause of action:” the court must inquire into “whether or not the primary right and duty, and the delict or wrong are the same in each action.” Both cases present, inter alia, the question of whether Braniff discriminates on the basis of race in the hiring of reserva•tionists, customer service agents, and cargo sales agents. Thus they involve the 'Same “primary right” and “delict or wrong.”

The fact that High and this case are class actions does not necessarily change the res judicata effect of the previous judgment. A final judgment in a class action binds all class members even though they may not be named parties in the suit. See Sam Fox Publishing Co. v. United States, 366 U.S. 683, 81 S.Ct. 1309, 6 L.Ed.2d 604 (1961). Furthermore, the rules of res judicata and collateral estoppel apply as well to consent decrees entered as to final judgments. Id.; United States v. AlleghenyLudlum Industries, Inc., 517 F.2d 826, 850-51 (5th Cir. 1975), cert. denied, 425 U.S. 944, 96 S.Ct. 1684, 48 L.Ed.2d 187 (1976).

This rule, however, is not absolute. A class member is not barred if he was inadequately represented. Further, in the case of a consent decree, a class member is not barred if the notice he received of the proposed settlement was insufficient. Plaintiff contends that in the High case, the black applicants for positions as reservationist, customer service agent, and cargo sales agent did not receive either adequate representation or sufficient notice.

Plaintiff argues that an examination of the consent decree itself, which awards unsuccessful applicants no relief, demonstrates that the black applicant members of the High class received inadequate representation. They did not receive back pay; nor did they receive affirmative hiring relief other than that available to the general public.

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85 F.R.D. 74, 23 Fair Empl. Prac. Cas. (BNA) 1811, 28 Fed. R. Serv. 2d 1116, 1979 U.S. Dist. LEXIS 7924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quigley-v-braniff-airways-inc-txnd-1979.