Delprince v. Norfolk S. Ry. Co.
Delprince v. Norfolk S. Ry. Co.
Opinion of the Court
INTRODUCTION
Petitioner Richard J. DelPrince ("Petitioner") filed this action on June 7, 2018, requesting judicial review of an arbitration award rendered pursuant to the mandatory arbitration procedures of the Railway Labor Act ("RLA"),
BACKGROUND
The following facts are taken from Petitioner's Amended Petition (Dkt. 30), the operative pleading in this matter, and the documents referenced therein.
Petitioner was employed by Respondent as a locomotive engineer for 18 years. (Id. at ¶¶ 1, 13). On February 3, 2016, Petitioner was working as the engineer on a train travelling between Binghamton and Buffalo, New York. (Id. at ¶ 13). He noticed that the locomotive had a problem with its *412sanders,
Petitioner's train approached an unannounced banner test, which is when railroad officials drop an "obstruction banner" in front of moving trains to test the engineer's ability to stop. (Id. at ¶ 18). Petitioner properly stopped his locomotive, and three of Respondent's officials boarded the train to conduct a job briefing. (Dkt. 1-1 at 3). When the railroad officials asked whether Petitioner's cellphone was turned off, he said that he did not know and then removed the phone from his jacket pocket. (Id. ). It was determined that the cellphone was still on, and Petitioner was later removed from service and underwent a formal investigation. (Id at 3-4). At the conclusion of the investigation, Respondent summarily fired Petitioner. (Dkt. 30 at ¶ 19).
Petitioner appealed Respondent's decision to Public Law Board No. 7717 (the "Board"). (Dkt. 1-1 at 2). On May 2, 2017, the Board sustained the decision to dismiss Petitioner from employment. (Dkt. 30 at ¶ 1). It found Petitioner was in violation of Respondent's Operating Rule 5, which requires, pursuant to federal regulations, that "all personal electronic devices, including earpieces, must be turned off and stored out of sight and not on the employee's person when on a moving train or engine[.]" (Dkt. 1-1 at 4); see
Petitioner filed the instant lawsuit on June 7, 2018, naming as respondents W.L. Sturgis, K. Lockhart, J.P. Ogle, Josh Lafferty, John J. Maskovac, and the Board. (Dkt. 1). On August 29, 2018, respondents Kelvin Lockhart, James Ogle, Joshua Lafferty, and John Maskovac filed a motion to dismiss. (Dkt. 12). Petitioner filed an amended petition on September 5, 2018, wherein Norfolk Southern was named as the only respondent. (Dkt. 15). Norfolk Southern filed a motion to dismiss on September 19, 2018. (Dkt. 18). On November 13, 2018, Petitioner filed a response to Respondent's motion to dismiss. (Dkt. 27). Petitioner also filed a motion for leave to file a corrected amended petition to fix a scanning error causing a missing page, to which Respondent consented. (Dkt. 28). The Court granted Petitioner leave to file the corrected amended petition (Dkt. 29), and the complete Amended Petition was then filed on November 15, 2018 (Dkt. 30). Respondent filed its reply to Petitioner's response on November 20, 2018. (Dkt. 31).
DISCUSSION
As a preliminary matter, while the original petition did name Kelvin Lockhart, James Ogle, Joshua Lafferty, and John Muskovac as respondents (Dkt. 1), the Amended Petition (Dkt. 30) only names Norfolk Southern. Accordingly, the Court denies as moot the August 29, 2018, motion to dismiss (Dkt. 12).
I. Legal Standard
"In considering a motion to dismiss for failure to state a claim pursuant to *413Rule 12(b)(6), a district court may consider the facts alleged in the [petition], documents attached to the [petition] as exhibits, and documents incorporated by reference in the [petition]." DiFolco v. MSNBC Cable L.L.C ,
"While a [petition] attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Twombly ,
II. Judicial Review of the Board's Decision
Congress enacted the RLA "to provide for the prompt and orderly settlement of all disputes" between railway carriers and their employees. 45 U.S.C. § 151a. To accomplish this, the RLA imposes different dispute resolution procedures for "major" and "minor" disputes. See United Transp. Union v. Nat'l R.R. Passenger Corp. ,
"Major" disputes require "voluntary processes of negotiation, mediation, voluntary arbitration, and conciliation" and are subject to judicial review on the merits.
The RLA allows for limited judicial review of a labor board's ruling on a minor dispute, providing as follows:
On such review, the findings and order of the division shall be conclusive on the *414parties, except that the order of the division may be set aside, in whole or in part, or remanded to the division, for [1] failure of the division to comply with the requirements of this chapter, for [2] failure of the order to conform, or confine itself, to matters within the scope of the division's jurisdiction, or for [3] fraud or corruption by a member of the division making the order.
The scope of judicial review of a labor board's decision is "among the narrowest known to the law." Union Pac. R.R. Co. v. Sheehan ,
Petitioner contends he is entitled to judicial review under all three prongs of § 153, First (q). The Court addresses each one in turn.
A. Failure to Comply
"Typically, a federal court's review of board decisions under the 'failure to comply' prong has been limited to determining whether boards have complied with the RLA's procedural obligations." United Transp. Union ,
Petitioner alleges that Respondent failed to comply with the requirements of the RLA because Respondent "did not follow or comply with the legal contract." (Dkt. 27-3 at 6; see Dkt. 30 at ¶ 2(1) ). Petitioner asserts that the collective bargaining agreement Respondent entered into with Petitioner's union (the "CBA") included various procedural requirements for the disciplinary investigation and hearing conducted by Respondent, and that Respondent failed to adhere to those CBA requirements. (Dkt. 27-3 at 10-12). Petitioner contends that because the proceedings conducted by Respondent violated the CBA, and the CBA was negotiated pursuant to the RLA's requirements, then Respondent's *415proceedings violated the RLA.
Petitioner's argument is without merit.
Accordingly, the Court finds that Petitioner's allegations are not sufficient for the Court to review or set aside the arbitration award under the "failure to comply" prong.
B. Scope of the Board's Jurisdiction
"The Board's jurisdiction extends to all disputes between carriers and *416their employees growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions[.]" Union Pac. R. Co. v. Bhd. of Locomotive Eng'rs and Trainmen Gen. Comm. of Adjustment, Cent. Region ,
Here, the Board adjudicated a dispute between a carrier, Respondent, and an employee, Petitioner, over whether Respondent's decision to dismiss Petitioner was arbitrary or unreasonable under the CBA. (Dkt. 1-1 at 5). Such a decision falls squarely within the jurisdiction of the Board. Additionally, the Court has reviewed the arbitration decision attached as Exhibit A to the Petition (Dkt. 1-1), and on its face, the Board's award was a reasoned application of the relevant cellphone usage rules to the facts of the February 3, 2016 incident. The Board details the undisputed facts, including that Petitioner reported the sander problem on his cellphone and then subsequently forgot to turn the phone off, then discusses Respondent's cellphone use rules, and then finds that Petitioner violated the rule and dismissal was warranted. (Id. ). Whether the Court agrees with the outcome of the Board's decision is not relevant, see United Transp. Union ,
Petitioner contends that the Board went outside its jurisdiction by "ignoring the discipline clause" in the CBA and by considering matters outside of the "facts before the Board," namely a 2008 train collision that occurred in Chatsworth, an individual's propensity to answer a ringing cellphone, and the prior disciplinary record of Petitioner.
The Court is not persuaded by Petitioner's arguments. As discussed previously, the Court cannot analyze whether the Board correctly construed or applied the CBA; it may only determine if the Board did so at all. Additionally, none of the topics raised by Petitioner that were referenced by the Board fall outside the scope of the Board's jurisdiction. The Board discussed *417the Chatsworth collision and the tendency for an individual to answer a ringing phone to provide context for why Respondent implemented and enforced the no cellphone usage rule. (Dkt. 1-1 at 4). "Moreover, it is well established that an employee's past disciplinary record is a relevant factor to be considered in determining the type and propriety of discipline assessed." Polewsky v. Nat'l R.R. Passenger Corp. ,
C. Fraud or Corruption of Member of the Board
To state a claim for review on the grounds of fraud or corruption, plaintiff must plausibly allege "that an arbitrator 'exhibit[ed] a complete unwillingness to respond, and indifference, to any evidence or argument in support of one of the parties' positions.' " Dominguez v. Miller , No. 12 CV 231(CBA)(LB),
In Petitioner's Amended Petition, he fails to point to any statements made by an arbitrator on the Board that demonstrate he or she was indifferent or completely unwilling to respond to evidence presented. To the contrary, the award issued by the Board states, "we have given consideration to the [Petitioner]'s various arguments and find them to be unpersuasive." (Dkt. 1-1 at 5). The fact that the Board rendered an award unfavorable to Petitioner provides no basis for a fraud or corruption claim. See Smith v. Am. Eagle Airlines, Inc. , No. 07 CV 3363(NG)(RER),
Instead, Petitioner alleges that the decision of the Board "was the result of a give and take 'horse trading system' " where the arbitrators deny reinstatements in discharge cases in favor of carriers and rule for laborer's unions in less costly cases so that they will keep their jobs. (Dkt. 30 at ¶¶ 21-24). However, Petitioner fails to allege facts that, if true, would demonstrate such a system existed. Petitioner acknowledges as much in his response papers, where he asks for the opportunity "to at least examine the question as to whether [Petitioner]'s case was decided on the merits *418or was part of a give and take win/loss process." (Dkt. 27-3 at 18). Such conclusory allegations are not sufficient to "raise a right to relief above the speculative level."
Accordingly, the Court finds Petitioner's Amended Petition does not plausibly allege facts sufficient for a fraud or corruption claim. As there are no grounds that allow for judicial review of the arbitration award, the Court grants Respondent's motion to dismiss.
CONCLUSION
For the foregoing reasons, the Court grants the September 19, 2018, motion to dismiss (Dkt. 18), and denies the August 29, 2018, motion to dismiss (Dkt. 12). The Clerk of Court is directed to enter judgment in favor of Respondent and close this case.
SO ORDERED.
On a motion to dismiss, "[t]he court may consider facts set forth in exhibits attached as part of the [petition] as well as those in the formal [petition] itself." Chance v. Armstrong ,
Sanders are systems that use air to blow sand underneath the wheels of locomotives to increase traction.
Petitioner characterizes his objections to Respondent's actions during the investigatory hearing as "due process" objections, although he does not claim that the award is subject to judicial review under due process grounds. (Dkt. 27-3 at 12). While this Circuit recognizes that due process violations during an arbitration award hearing may warrant judicial review of an arbitral award under § 153, First (q), Second Circuit courts have held that those due process protections do not extend to pre -arbitration internal procedures specified in a particular collective bargaining agreement. See Martino v. Metro N. Commuter R.R. Co. ,
Petitioner relies on an unreported decision from the Northern District of Georgia, see Thompson v. Norfolk S. Ry. Co. , No. 1:13-CV-1555-CC,
Petitioner cites a case from the District of Arizona in support of his argument that arbitration awards should be set aside if not drawn exclusively from the contract. (Dkt. 27-3 at 16). However, the Arizona court held the award "must have a basis that is at least rationally inferable ... from the letter or purpose of the collective bargaining agreement," Bradford v. Union Pac. R.R. Co. ,
Petitioner also alleges that he was fired as punishment for reporting the sanding issue, and that the award failed to comply with the RLA because it allowed for such retaliation. (Dkt. 30 at ¶¶ 14-15). However, the RLA does not address retaliation; rather, the FRSA establishes a private right of action for railroad employees claiming retaliation.
Even if Petitioner did allege such facts, at least one court in this Circuit has found that alleged remarks by a neutral arbitrator expressing "concern that if she did not issue decisions and rulings in [the carrier's] favor she would be fired and her future employment in arbitrations with [the carrier] would be jeopardized" only demonstrate " 'partiality' and do not rise to the level of 'fraud or corruption.' " Camilien v. Am. Airlines, Inc. , No. 99-CV-1953,
Reference
- Full Case Name
- Richard J. DELPRINCE v. NORFOLK SOUTHERN RAILWAY COMPANY
- Status
- Published