Sanozky v. International Ass'n of Machinists & Aerospace Worker

415 F.3d 279, 177 L.R.R.M. (BNA) 2904, 2005 U.S. App. LEXIS 14818, 2005 WL 1691595
CourtCourt of Appeals for the Second Circuit
DecidedJuly 20, 2005
DocketDocket No. 04-5127
StatusPublished
Cited by43 cases

This text of 415 F.3d 279 (Sanozky v. International Ass'n of Machinists & Aerospace Worker) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanozky v. International Ass'n of Machinists & Aerospace Worker, 415 F.3d 279, 177 L.R.R.M. (BNA) 2904, 2005 U.S. App. LEXIS 14818, 2005 WL 1691595 (2d Cir. 2005).

Opinion

PER CURIAM.

Fred Sanozky, an airline mechanic, brought suit in the United States District Court for the Eastern District of New York alleging that his union had violated its duty of fair representation under the Railway Labor Act, 45 U.S.C. §§ 151-188. Sanozky contends that District 142 of the International Association of Machinists and Aerospace Workers (“IAMAW” or “the union”) failed to adequately pursue his wrongful termination grievance against Trans World Airlines (“TWA”). The district court (Block, /.) granted summary judgment in favor of the union on the ground that Sanozky had failed to adduce evidence of arbitrariness, discrimination or bad faith on the part of the union. The district court awarded fees to the union and denied Sanozky’s request for an extension of time to “renew and reargu[e] the summary judgment motion.” We affirm.

I

On October 29, 1999, Sanozky was terminated after twenty-five years of employ[281]*281ment at TWA. The IAMAW represented Sanozky through the initial grievance process. In the course of that process, IA-MAW conveyed to Sanozky the offer of a four-day unpaid suspension in lieu of termination, but Sanozky declined.

IAMAW and Sanozky sought arbitration before the System Board of Adjustment. The initial arbitration date of October 4, 2000 was rescheduled when the arbitrator recused herself, and the arbitration was later cancelled. Sanozky sought the union’s assistance in getting TWA to participate in arbitration, but (by Sanozky’s account) the union was unresponsive.

Meanwhile, TWA was in bankruptcy. See In re Trans World Airlines, et al., 261 B.R. 103 (Bankr.D.Del.2001). TWA maintained that, unless it reached an agreement to sell substantially all of its assets to American Airlines, TWA would be liquidated and all of its then-active employees would be unemployed. The union was negotiating with TWA in an effort to preserve the employment of active TWA employees after American Airlines took control of TWA. However, TWA represented that American had no interest in hiring non-active TWA employees (such as Sanozky) who were facing termination hearings under the collective bargaining agreement. In April 2004, TWA agreed that twenty-four of these termination hearings would be arbitrated as part of the terms of its bankruptcy disposition. IAMAW decided not to include Sanozky’s case in the twenty-four arbitrations.

Sanozky had already been employed by American Airlines at this time (having concealed his firing by TWA). IAMAW recommended to Sanozky that he discontinue arbitration because he would risk discovery by American that he had been terminated by TWA and because there was little chance of any appreciable damages from a bankrupt entity. Sanozky, however, persevered. On September 6, 2001, TWA informed Sanozky that it was not going to proceed with arbitration and IAMAW told Sanozky that it could do nothing further to assist him with his termination grievance.

In November 2001, Sanozky, moved pro se in the bankruptcy court to compel arbitration. The bankruptcy court granted this motion. In January 2002, a settlement between Sanozky and TWA was entered as the final award before the System Board of Adjustment. The award converted Sanozky’s discharge into an unpaid leave of absence, and directed Sanozky to apply to the bankruptcy court to determine any “rights, benefits and entitlements” afforded by his new status.

In May 2002, Sanozky moved in bankruptcy court to enforce the arbitration award. The court interpreted the arbitration award as requiring Sanozky to apply as a creditor for relief in the bankruptcy proceeding, but noted that the time for creditors to petition for relief had not yet begun. Sanozky asked that the funds to which he was entitled be set in escrow, but the court ruled that there was no basis in bankruptcy law for such escrow, particularly since Sanozky was an unsecured creditor and unsecured creditors were unlikely to obtain anything more than nominal recovery.

In September 2002, Sanozky, pro se, brought an action in the district court against his local union, the national affiliate, and several individual union officers in their official capacities. The district court construed Sanozky’s claim as a hybrid claim under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185, and the implied duty of fair representation under the National Labor Relations Act, 29 U.S.C. §§ 151-169. Because this case involves the airline industry, plaintiffs fair representation challenge arises under the Railway Labor Act rather than the Nation[282]*282al Labor Relations Act. No matter. . The same principles of analysis apply under both statutes. See Welyczko v. U.S. Air, Inc., 733 F.2d 239, 240 (2d Cir.1984) (describing hybrid § 301/fair representation claim as “substantively identical” to claim under the RLA).

The district court granted the defendants' motion to dismiss on the pleadings as to the individual defendants. However, as to the local and national IAMAW defendants, the court held:

Sanozky has alleged sufficient facts to survive IAMAW’s motion. In sum, he allege[d] that the IAMAW’s delay caused him to miss his window of opportunity to obtain a prompt arbitration and to collect on his monetary claims against TWA, and that the IAMAWte failure to assist him in the TWA bankruptcy proceedings reduced him to a pro se status to mine the internecine complexities of the bankruptcy laws in his. effort to enforce his arbitration award. Given these allegations, at this early stage in the litigation, the Court cannot say that it appears beyond doubt that [Sanozky] can prove no set of facts in support of his claim which would entitle him to relief.

Sanozky v. IAMAW, No. 02-cv-5153, 2003 WL 21087483 at *5 (E.D.N.Y. May 14, 2003) (internal citations and quotations omitted; alterations in original).

Later, however, the local and national IAMAW prevailed on a motion for summary judgment. The district court ruled that Sanozky had failed to put forward “evidence of arbitrariness, discrimination, or bad faith,” and that, in the absence of evidence that “earlier actions to enforce his arbitration award would have yielded a more favorable result,” Sanozky failed to make the necessary showing of causation of damages. The court granted IAMAW’s motion, and expressly directed the Clerk of court to assess costs against Sanozky pursuant to Fed.R.Civ.P. 54(d)(1). Sanoz-ky did not object. Judgment was entered on June 22, 2004. ■ On July 6, 2004, Sanoz-ky wrote to the court requesting a 30-day extension in which to file a motion to renew and . reargue -the summary judgment motion. This request was denied, and Sa-nozky appealed.

II

This Court reviews the district court’s grant of summary judgment de novo. See Young v. County of Fulton, 160 F.3d 899, 902 (2d Cir.1998).

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415 F.3d 279, 177 L.R.R.M. (BNA) 2904, 2005 U.S. App. LEXIS 14818, 2005 WL 1691595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanozky-v-international-assn-of-machinists-aerospace-worker-ca2-2005.