Int'l Bhd. of Teamsters v. Airgas, Inc.
Opinion of the Court
Airgas, Inc., a national company that produces gases for industrial and medical uses, operates a facility in Hyattsville, Maryland, where its approximately 65 employees are represented by an International Brotherhood of Teamsters union. When Airgas announced plans to relocate some of its Hyattsville operations to nonunionized facilities, the Union objected, arguing that the move was barred by the parties' collective bargaining agreement, and initiated the mandatory arbitration provided for by the agreement. And at the Union's urging, the district court entered a preliminary injunction prohibiting the contemplated transfer pending arbitration, to ensure that the status quo ante could be restored were the Union to prevail on the merits of the contract dispute.
Airgas appealed, asking that we vacate the injunction and allow it to proceed with its planned relocation during the arbitration. While Airgas's appeal was pending, however, the arbitrator issued a final decision in favor of the Union, the arbitration concluded, and the preliminary injunction expired by its own terms. Because Airgas no longer has a legally cognizable interest in the validity of the preliminary injunction, we follow our recent practice, see *233International Union, UMWA v. CONSOL Energy, Inc. , No. 17-1378 (4th Cir. Nov. 27, 2017), ECF No. 42, and dismiss this appeal as moot.
I.
In February 2017, Airgas notified the Union that represents its Hyattsville, Maryland employees that it intended to "completely shut down" and move two of its Hyattsville operations to two nonunionized locations, one in Maryland and one in Pennsylvania, by the next month. J.A. 71. The vacated Hyattsville space would be converted into specialized storage facilities for nitrous oxide and various chemicals, as required to bring Airgas's practices into compliance with Food and Drug Administration and Department of Homeland Security regulations regarding chemical storage. The parties agree that the transfer would mean the loss of an estimated 13 Union positions at the Hyattsville facility, reducing the bargaining unit's size by about twenty percent.
The Union objected on the ground that the proposed relocation would violate Article 10 of the parties' collective bargaining agreement ("CBA"), which provides that Airgas "shall not subcontract, transfer, lease[,] assign[ ] or convey[ ] in whole or in part, directly or indirectly, any work or service ... presently performed or hereafter assigned to the collective bargaining unit." J.A. 29. Airgas disagreed, pointing to Article 9, which reserves to Airgas the right to manage its business as it sees fit "except as specifically limited" by the CBA, and in particular, to "[s]ell, lease, transfer, move, change location, discontinue, [and] relocate all or part of the business or operations." J.A. 26-28. Airgas also informed the Union that it had started the process of hiring nonunion employees to perform the transferred work operations at one of its new locations.
As the parties agree, their dispute is subject to mandatory arbitration under the CBA. When Airgas declined to expedite arbitration, the Union moved in the district court for a preliminary injunction barring the proposed relocation pending arbitration. Federal courts generally are without jurisdiction to issue injunctions in labor disputes, see
After holding a hearing, the district court agreed with the Union and issued a preliminary injunction barring the proposed transfer pending arbitration. See International Brotherhood of Teamsters, Local Union No. 639 v. Airgas, Inc. ,
*234will permit a preliminary injunction pending arbitration: When the parties' dispute is subject to mandatory arbitration under a collective bargaining agreement, a court retains jurisdiction to enter a preliminary injunction barring proposed employer conduct where "necessary to protect the arbitral process itself," by ensuring that the arbitrator will be able to "restore the status quo ante in an acceptable form were that conduct found to be violative of contract rights."
Because Airgas conceded that the parties' dispute was subject to arbitration under the CBA, the district court turned to the factual question of whether Airgas's planned relocation could, "as a practical matter, be fully unwound" were the arbitrator to rule against it. Id. at 913. The court noted that our circuit has upheld Boys Markets status quo injunctions in cases that involve the planned relocation of company operations rather than more easily rectified changes in work shifts or schedules. Id. at 913-14 (citing Bolger ,
Having satisfied itself of jurisdiction to enter a preliminary injunction under Boys Markets , the district court went on to consider the traditional preliminary injunction factors. See Boys Markets ,
The district court thus granted the Union's motion for a preliminary injunction, ordering Airgas to "maintain the status quo in this matter until issuance of a final and binding arbitration award." Id. at 917. Specifically, the court enjoined Airgas from relocating functions from its Hyattsville location to other facilities, "including relocating ... equipment or materials," and from making "reductions in or alterations to staffing" in the relevant Hyattsville operations. Id.
Airgas timely appealed, arguing principally that the district court lacked jurisdiction to enter an injunction, and also that *235the district court abused its discretion under the traditional equitable factors governing preliminary injunctive relief. Airgas asked this court to reverse the district court and vacate the preliminary injunction, allowing it to effectuate its planned transfer of operations without waiting for arbitration to conclude.
On January 5, 2018, while Airgas's appeal was pending, the arbitrator ruled on the merits of the parties' contract dispute, finding for the Union. Airgas's proposed transfer of operations, the arbitrator held, would violate the plain language of Article 10 of the parties' CBA. The arbitrator thus permanently enjoined the planned relocation, ordering Airgas to cease and desist from the transfer of operations from its Hyattsville facility.
II.
Before we may address the propriety of the district court's preliminary injunction, we must consider whether the end of arbitration renders moot Airgas's appeal of a preliminary injunction that freezes the status quo while arbitration proceeds. "The doctrine of mootness constitutes a part of the constitutional limits of federal court jurisdiction, which extends only to actual cases or controversies." Porter v. Clarke ,
We very recently applied those principles to dismiss as moot an employer appeal from a Boys Markets preliminary injunction in a posture on all fours with the one we face today: A district court preliminarily enjoined a planned employer action pending arbitration; the employer appealed; and while the appeal was pending, the arbitrator ruled for the union on the merits of the underlying contract dispute. See International Union, UMWA v. CONSOL Energy, Inc. , No. 17-1378 (4th Cir. Nov. 27, 2017), ECF No. 42 (dismissing appeal as moot). We are not necessarily bound to follow that decision, which was issued without published opinion or explanation. Nor, however, should we depart from it without some good reason, if only to avoid any misimpression that we are picking and choosing which cases we would like to decide. Cf. Incumaa v. Ozmint ,
It is clear enough that we no longer can grant Airgas the relief it originally sought: vacatur of the district court's preliminary injunction, allowing it to implement its planned relocation before the arbitrator's resolution of its contract dispute with the Union. That period of time has come and gone; it is not now possible for Airgas to execute its move during the pendency of arbitration. And the preliminary injunction to which Airgas objects has expired by its own terms. See Airgas, Inc. ,
Airgas now argues, however, that even if it is too late for us to award the relief it originally sought, the possibility that it could obtain damages and attorney's fees were we to rule in its favor is enough to keep this case alive. In other words, if the district court lacked jurisdiction to enter the Boys Markets preliminary injunction, then, Airgas says, it would be entitled to damages for the period between that injunction and the arbitrator's award, during which it should have been-but was not-permitted to go ahead with its planned relocation. We cannot agree.
In most cases, an appeal from the grant of a preliminary injunction will become moot when a permanent injunction is entered, "because the former merges into the latter." See Grupo Mexicano de Desarrollo, S.A. v. All. Bond Fund, Inc. ,
So far, so good. But there is a critical problem with Airgas's argument: What the arbitrator's final decision indisputably does establish is that regardless of the validity of the preliminary injunction, Airgas is not entitled to damages. As it turns out, there was no period of time during which Airgas should have been permitted to relocate its operations to nonunion facilities but was restrained from doing so, improperly or otherwise; according to the arbitrator, who has the final word, the CBA precluded such a move from day one. A party may recover damages for a preliminary injunction wrongfully entered if and only if the injunction prevented it from doing something that it had the legal right to do. See Blumenthal v. Merrill Lynch, Pierce, Fenner & Smith, Inc. ,
This posture distinguishes our case from Grupo Mexicano , in which no finding had been made "either in the preliminary injunction order or in the final order" that the conduct enjoined was unlawful under the parties' agreement.
It makes no difference to this analysis that the district court, when it entered the preliminary injunction, ordered the Union to post a $5,000 bond "to compensate Airgas should it successfully establish that the preliminary injunction should not have issued, and that they wrongfully sustained damages as a result of this injunction." Airgas, Inc. ,
Finally, we note that the exception to mootness doctrine for cases "capable of repetition, yet evading review," see Spencer v. Kemna ,
*238III.
For the foregoing reasons, the appeal is dismissed as moot.
DISMISSED
Provoked by what he views as a clear case of judicial overreach, our dissenting colleague is prepared to stretch the narrow "capable of repetition yet evading review" exception until it can accommodate this case. We see no need to strain for that result. Whatever the dissent's misgivings about Boys Markets and its progeny, those cases constitute settled precedent. And while labor disputes may be ideologically charged, nothing in the district court's carefully reasoned opinion suggests that it was anything but evenhanded in applying that precedent to the facts of this case.
Dissenting Opinion
In no uncertain terms, Congress withdrew from our jurisdiction the authority to enjoin ordinary labor disputes. Yet here we are. The parties before us signed a collective bargaining agreement, which provides for the exclusive resolution of disputes through arbitration without any mention of prior judicial involvement. And yet here we are. In seeking to uphold the preliminary injunction issued by the district court, appellee imbibes to the point where meaning mutates-where "never" means "sometimes" and "arbitrate" means "litigate." I think the trial court's injunction wholly improper, wholly bereft of any statutory or contractual basis, and wholly alien to the efficiencies arbitration is supposed to represent.
Binding arbitration is a step forward from an earlier period of industrial strife. That period featured unpredictable strikes, which disrupted the means of production, and ham-handed management responses, which left lasting resentments in the workforce. Binding arbitration in collective bargaining agreements works to ameliorate these problems. See Complete Auto Transit, Inc. v. Reis ,
I.
Faced with a plainly erroneous injunction, the majority not surprisingly heads for the nearest off-ramp: It holds that an arbitral award in favor of the union has mooted this appeal. Even with its mootness holding, however, the majority cannot resist tipping its hand on the merits, praising the district court's "carefully reasoned" and "evenhanded" opinion in a manner that encourages similar pre-arbitral injunctions of future labor disputes. Maj. Op. at 237.
In all events, the matter is not moot. When it issued the preliminary injunction, the district court required the union to post a $5,000 injunction bond. J.A. 152. As the Supreme Court has explained, even where a party has already lost on the merits, a ruling "that the District Court was without power to issue the preliminary injunction" will give rise to "a claim against the injunction bond" under Federal Rules of Civil Procedure 65(c) and 65.1. Grupo Mexicano de Desarrollo S.A. v. All. Bond Fund, Inc. ,
*239The majority suggests that any claim against the bond would be futile because Airgas could not have been damaged by being enjoined from doing something the arbitrator now says it had no legal right to do. See Maj. Op. at 237. But that elides the injunction and the arbitral award. Although a party cannot recover damages for being barred from doing something unlawful, the majority ignores the fact that the injunction in this case was materially broader than the arbitrator's decision. It likely restricted perfectly lawful conduct.
The arbitral award covered only Airgas's "plan to transfer [two specific] functions from its Hyattsville facility to its Montgomeryville and its Linthicum Heights facilities." FMCS No. 170224-53328-1 at 23. The injunction, however, restricted not only the relocation of "functions," but also the relocation of all "equipment or materials" and prohibited Airgas from "[m]aking any reductions in or alterations to staffing" in the relevant portions of its business. J.A. 134. Airgas could well argue, for example, that it was damaged by an inability to hire additional workers or replace outdated equipment despite full compliance with the eventual arbitral result. Given the disjunction between the broad injunction and the much narrower arbitral award, it is altogether premature to call this case moot.
In its eagerness to escape the merits, the majority too hastily rejects another reason the case is not moot: It is capable of repetition yet evading review. While not every appeal of a labor injunction will be mooted by an arbitral award, see Maj. Op. at 237, many can be and will be. The Supreme Court has not required outright impossibility of review in order for a category of cases to satisfy this doctrine. If that were the standard, only a handful would ever qualify. Rather, the doctrine requires that "(1) the challenged action [is] in its duration too short to be fully litigated prior to cessation or expiration, and (2) there [is] a reasonable expectation that the same complaining party [will] be subject to the same action again." Spencer v. Kemna ,
What we have here bears all the hallmarks of a scam. A district court enjoins a company from doing this or that pending arbitration. Before the lumbering appellate process can weigh in, the arbitrator issues an award. Presto, the case is moot, and there is no way the court of appeals, much less the Supreme Court, can undertake review.
Appellee's effort to shield the trial court's decision from review is, to say the least, unseemly. Of course, a company can always seek a stay of any injunction. But requiring a party not only to litigate the "likelihood of success on the merits" before the trial court, see Winter v. Nat. Res. Def. Council, Inc. ,
II.
The district court lacked jurisdiction to issue an injunction in this case. In holding otherwise, the trial court treated congressionally imposed limits on its jurisdiction as mere suggestions to be ignored whenever courts see fit, and effectively installed itself as acting CEO of a private company. Such judicial overreach betrays our most basic constitutional constraints.
It is elementary that the jurisdiction of federal district and circuit courts is within Congress's discretion. Article III provides that the "[t]he judicial power of the United States, shall be vested ... in such inferior courts as the Congress may from time to time ordain and establish." U.S. Con. Art. III § 1. And as the Supreme Court long ago explained, "Congress may withhold from any court of its creation jurisdiction of any of the enumerated controversies." Sheldon v. Sill ,
In 1932, Congress did just that with respect to labor injunctions. The Norris-LaGuardia Act provides that "No court of the United States ... shall have jurisdiction to issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute, except in a strict conformity with the provisions of this chapter."
The legislation's premise was simple. Labor and management should be able to settle their differences in the interest of industrial peace, and should be free to do so without courts getting in the way. Then, as now, Congress quite distrusted judicial interference in this area. See, e.g. , 75 Cong. Rec. 4505 (1932) (explaining how federal courts had engaged in "abuse of the power of injunction");
In Boys Markets, Inc. v. Retail Clerks Union, Local 770 , the Supreme Court created a "narrow" exception, only where absolutely necessary to protect arbitration, to the general prohibition against enjoining labor disputes.
The exception to Norris-LaGuardia carved out in Boys Markets and its progeny did not derive from any statutory text. The Supreme Court did not even assert as much in its original opinion. Of course, "Boys Markets and its progeny ... constitute settled precedent." Maj. Op. at 237. But it is anything but settled that these injunctions would, as the majority would have it, become not the exception, but the rule. If courts must, consistent with Supreme Court precedent, take the highly unusual step of finding jurisdiction where Congress has said there is none, they may do so only in the narrowest of circumstances. That is why this court has said that jurisdiction exists only where the absence of an injunction would "render the arbitral process a hollow formality," Columbia Local, Am. Postal Workers Union, AFL-CIO v. Bolger ,
There was no showing here that failure to issue an injunction would "render the arbitral process a hollow formality" or a "futile endeavor."
Airgas did not propose to close its plant, sell off its equipment, or liquidate parts of its business. See Lever Bros. ,
Specifically, Airgas planned to relocate two work segments from its Hyattsville, Maryland facility to nearby operations. Under the proposal, a High Pressure Retesting and Liquid Can Repair segment would move to Airgas's facility in Montgomeryville, Pennsylvania, and a Small Medical Oxygen segment would go up the road to Linthicum Heights, Maryland. The first move would have lowered costs, and the second would have allowed the company to achieve compliance with Department of Homeland Security regulations governing the storage of nitrous oxide gas by creating room for a storage facility in Hyattsville. To achieve these goals, Airgas planned to lay off two Hyattsville employees and transfer some heavy equipment by truck. All told, these changes would affect only one fifth of the work at the Hyattsville facility.
These routine business decisions might be inconvenient to undo. But there is not a scintilla of evidence that they would be irreversible.
A company is entitled to realize efficiencies and manage its business until an arbitral order compels it to do otherwise. If a company cannot even convert its workspace to comply with federal safety regulations, or shift a small part of the work at one facility to another, what can it do? If these modest steps are to be enjoined during the pendency of arbitration, then the company has been divested, in violation of a statute and in the absence of any contractual prohibition, of the very right to run its business. The parties can, of course, agree among themselves to maintain the status quo during arbitration. And if a company does not, it runs the decided risk that it will eventually be found by the arbitrator to have violated the collective bargaining agreement with its attendant consequences. But these are decisions first for the parties, next for the arbitrator, and lastly, if at all, for the courts.
III.
It was bad enough for the trial court to flout Congress's clear denial of jurisdiction, but its transgressions did not end there. By issuing an injunction in this case, the court effectively jettisoned the parties' collective bargaining agreement and rewrote it from the bench. The parties bargained for arbitration. They got litigation. They bargained for an arbitrator. They got a federal judge.
Airgas and Local 639 negotiated and signed a contract with a highly detailed, binding dispute resolution provision. Article 18 of the collective bargaining agreement is unequivocal: "The grievance and arbitration procedure above set forth shall be the sole and exclusive means for the determination of all disputes, complaints, controversies, claims or grievances whatsoever arising pursuant to the terms and conditions of this Agreement." J.A. 40 (emphasis added). In the event of a conflict, the parties agreed that the union would file a grievance within 15 days; the two sides would meet to try to resolve their differences; and, failing that, the parties would submit the grievance to arbitration. Article 18 also provides for numerous deadlines, methods for selecting a mutually acceptable arbitrator, and arbitral procedures. The trial court did not point to a single word in this meticulous document that so much as contemplates a stay pending arbitration or a procedure to "facilitate" the agreed-upon process. Indeed, it would be difficult to expedite arbitration without abandoning Article 18's elaborated scheme. After all, the parties agreed to not just any arbitration, but to the precise "procedure above set forth." J.A. 40.
Until a federal court injected itself as a third party to the contract, the dispute resolution process laid out in the collective bargaining agreement was scrupulously followed. Local 639 complains that Airgas declined to halt the challenged relocation or submit to expedited arbitration. But the union did not negotiate for a collective bargaining agreement that required those things. Such terms are wholly absent from this agreement because the parties chose not to include them. To insert them judicially is an absolute gift to one party to the contract. Courts may consider their judgments in these cases Solomonic. But it is *243contractual agreements, not regal wisdom, around which private parties ought to be able to order their affairs.
IV.
The trial court's extra-statutory and extra-contractual adventure comes at a serious cost. By gratuitously involving itself in questions of what an arbitrator might decide on the merits, or which remedies an arbitrator might approve, the district court skewed the very process Norris-LaGuardia and the collective bargaining agreement sought to protect. And by derogating the parties' negotiated dispute resolution process, it injected doubt and uncertainty into collective bargaining generally. Injunctions are tricky business. Properly utilized, they are vital bulwarks against violations of law. Improperly imposed, they allow equitable judicial discretion to curtail the liberty that it is our right under law to enjoy. This whole enterprise invites ideological mischief. Time and again, the federal courts have proved ill-suited for enjoining industrial disputes. That is the legislative judgment reflected in the Norris-LaGuardia Act, and the judgment that the district court refused to respect. I cannot endorse its action or the destabilization of collective bargaining that will follow from it. I would reverse the judgment.
For similar reasons, an injunction was inappropriate even assuming that the district court had jurisdiction to issue one. "A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest." Winter v. Nat. Res. Def. Council, Inc. ,
Reference
- Full Case Name
- INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL UNION NO. 639 v. AIRGAS, INCORPORATED
- Cited By
- 37 cases
- Status
- Published