Knuckles v. Department of the Army
Filing
18
ORDER granting 14 Amended Motion to Dismiss. The Clerk is instructed to terminate all motions and deadlines, enter the appropriate judgment of dismissal, and close this case. Signed by Judge J. Randal Hall on 03/07/2017. (thb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
JENIQUA IRENE KNUCKLES,
*
Plaintiff,
*
v.
*
*
DEPARTMENT OF THE ARMY,
CV
116-013
*
Defendant.
*
*
ORDER
This
suit
employment
arises
as
a
out
civilian
of
the
employee
termination
at
Fort
of
Plaintiff's
Gordon.
Plaintiff
alleges that she was denied her right to arbitrate the propriety
of her
But
removal.
because
She now asks
Plaintiff
has
jurisdiction in this Court,
that
she
is
entitled
Accordingly,
the
dismiss
to
failed
to
to compel
plead
arbitration.
a
basis
for
and because she has failed to plead
compel
GRANTS
arbitration,
I.
Defendant's
her
claim
amended
fails.
14).
(doc.
Court
the Court
motion
Background
Plaintiff previously served as a civilian employee at
Gordon.
to
While employed at Fort Gordon,
Plaintiff was
Fort
a member
of
American
("AFGE"),
Federation
a union.
Defendant
were
(See Doc.
of
Government
(Doc. 1 at 5. )
parties
14-2.)
to
This
a
for
employees
grievances
with
collective-bargaining
Defendant.
allowed
under
agreement
of
the
other
if
resolution
"invoked only by the
Plaintiff
claims
was
(Doc.
1
was
once
at
5.)
and
eventually
And
dissatisfied
removed
certain
to
for
delay, AFGE reorganized.
480
days."
(Id.)
the
service,
take
her
from
was
arbitration
costs
on
[Plaintiff's]
filed
Court
cover
be
which
she
dispute
to
Defendant.
Defendant "improperly
(Id.)
And during
this
New officers now control AFGE,
(Id.
at 6.)
"the new board members will
invoke
behalf
but
will
not
cover
the
(Id.)
Plaintiff
the
. . . ."
could
continually
and Plaintiff is no longer a member of the union.
According to the complaint,
outcome
(Id. at 52.)
however,
according to Plaintiff,
the
arbitration
with
documents
arbitration,
documents
Notably,
arbitration
from
agreed
workplace
request
or [AFGE]."
AFGE
received
to
But
AFGE and
agreement.
resolve
47-53.)
AFGE
2017
among other things,
to
at
procedures.
The
postponed because,
withheld the
(Id.
[Defendant]
it
AFGE
they were
improper.
arbitration
and
Defendant
Local
During that time,
agreement provided,
procedures
agreement
Employees,
the
to
cost
this
compel
of
the
lawsuit
arbitration
arbitration.
in
February
and
to
2016.
require
She
asks
Defendant
Defendant moves
to
to
dismiss
Plaintiff's
complaint
subject-matter
because
Plaintiff
jurisdiction and because
has
failed
to
no
Plaintiff has
plead
right
under the collective-bargaining agreement to compel arbitration.
II.
Legal Standards
In considering a motion to dismiss under Rule 12(b)(6),
Court
tests
Rhodes,
all
the
416 U.S.
facts
232,
alleged
inferences
in
Hoffman-Pugh
The
legal
Court,
the
v.
sufficiency of the
236
the
in
(1974).
complaint
light
Ramsey,
however,
most
312
only well-pleaded facts.
79
Scheuer v.
The Court must accept as
and construe
favorable
F.3d
need not
complaint.
1222,
accept
to
1225
legal
Ashcroft v.
the
all
true
reasonable
plaintiff.
(11th
the
Cir.
conclusions
See
2002).
as
Iqbal, 556 U.S. 662,
true,
678-
(2009).
A complaint
also must
accepted as true,
on its face.'"
550 U.S. 544,
"factual
570
inference
that
alleged."
Id.
factual matter,
'to state a claim to relief that is plausible
Id. at 678
content
"contain sufficient
(citing Bell Atl.
(2007)).
that
the
Corp.
v. Twombly,
The plaintiff is required to plead
allows
the
defendant
court
is
to
liable
draw
for
the
the
reasonable
misconduct
"The plausibility standard is not akin to a
'probability requirement,'
but it asks
for more than a sheer
possibility that a defendant has acted unlawfully."
Id.
A motion to dismiss for lack of jurisdiction under Federal
Rule
of
Civil
Procedure
12(b)(1)
is
"decided without
reference
to
the
merits
exclusive
of
province
Corp.,
323
F.3d
motion
may
be
McElmurry
1244,
to
920,
of
a
the
other
[the]
matter
hand,
jurisdiction
Id.
in
of
2007).
if
(1)
she has
to
state
court."
attack"
or
A
v.
the
Amway
Rule
12(b)(1)
"factual
a
attack."
Augusta-Richmond
Cty.,
501
F.3d
jurisdiction"
sufficiently alleged a
in
her
"the
existence
irrespective
of
complaint.
A
factual
of
the
Id.
attack,
subject
matter
pleadings . . . ."
(internal quotation marks omitted).
moves
to
Discussion
dismiss
Plaintiff's
failed to plead jurisdiction and
a
within
Morrison
(citation omitted).
fact,
lie
2003).
plaintiff has
Ill.
Defendant
and
A facial attack requires the Court
challenges
(citation omitted)
claim
(11th Cir.
"facial
(alteration in original)
on
trial
Gov't
(11th Cir.
subject
the
924-25
Consol.
"look and see
underlying
of
either
v.
1251
basis
the
claim.
The
Court
complaint
(2)
addresses
because
she has
these
failed
arguments
separately below.
A. Plaintiff has failed to plead jurisdiction.
Defendant
jurisdiction
argues
in
this
Defendant
has
waived
sovereign
immunity
agencies from suit."
that
Plaintiff
Court
has
failed
because
she
has
sovereign
shields
the
immunity.
Federal
FDIC v. Meyer,
Thus, as a federal agency,
to
not
shown
"Absent
a
Government
510 U.S.
471,
establish
that
waiver,
and
its
475 (1994).
Defendant is immune from suit unless
it
has
waived
sovereign
jurisdictional,
id.,
immunity.
Sovereign
Here,
9
ยง 1
not
et
FAA,
1249,
a
(11th Cir.
seq. ,
provide
subject-matter
F.3d
872
see Thompson v.
McHugh,
2010).
Plaintiff relies only on the Federal Arbitration Act,
U.S.C.
"does
is
and it is a plaintiff's burden to show that
the government has waived its immunity,
388 F. App'x 870,
immunity
to
an
support
independent
jurisdiction."
1253
(11th
plaintiff
Cir.
must
See
F.3d
1254-57
Cir.
on
establish
the
(11th
FAA
is
jurisdiction
2011).
v.
court's
Grp.,
320
under
the
based
v.
Accordingly,
that
FAA
JFS
Bank
and
the
proceed
to
State
But
federal
jurisdiction
Cmty.
thus
a
Bank
Thus,
misplaced,
and
for
Household
establish
controversy.
reliance
basis
2003).
underlying
1241,
jurisdiction.
she
on
the
Strong,
651
Plaintiff's
has
Defendant
failed
has
to
waived
immunity to this suit.
B. P l a i n t i f f has
failed to
Alternatively,
to
state
a
arbitration
Defendant
claim for
under
state a
claim for
argues
relief because
the
that
she
relief.
Plaintiff
has
no
collective-bargaining
has
failed
to
compel
right
agreement.1
As
1 Addressing this argument requires the Court to consider a document
outside the complaint because Plaintiff did not attach the collectivebargaining agreement to her complaint.
A court may consider materials
outside of a complaint without converting a motion to dismiss into a motion
for summary judgment when the document is "(1) central to the plaintiff's
claim and (2) undisputed."
Day v. Taylor, 400 F.3d 1272, 1276 (11th Cir.
2005).
In
this
sense,
"undisputed"
means
challenge the authenticity of the document.
that
Id.
the
Here,
plaintiff
dispute the authenticity of the collective-bargaining agreement,
central to her claim.
Indeed,
does
not
Plaintiff does not
and it is
she bases her alleged right to arbitration on
mentioned,
the
collective-bargaining agreement between AFGE and
Defendant established procedures for the resolution of employee
grievances,
including
Arbitration,
however,
[AFGE]."
arbitration.
could be
(See
Doc.
14-2
"invoked only by
at
47-53.)
[Defendant]
or
(Id^ at 52.)
Because
only
arbitration
Defendant
in
for
her
complaint,
the
Agency
to
she
she
has
specifically
invoke
no
states
Arbitration
has
initiate
In
that
Plaintiff
to
plausibly allege that she is entitled to compel arbitration.
concedes
agreement,
right
to
Plaintiff
the
had the
failed
fact,
under
and AFGE
right
to
that
she
and
arbitration:
cover
"would like
the
cost
of
arbitration per the agreement that only the agency or the union
can
invoke
arbitration."
(Doc.
1
at
6.)
That
is,
Plaintiff
wants the Court to require Defendant to invoke arbitration under
the agreement because she recognizes that she does not have the
right to request arbitration.
Plaintiff
is
entitled
International
(2d Cir.
to
Association
1962)
But the Court is unpersuaded that
such
of
(concluding
relief.
See
Machinists,
that
an
Black-Clawson
313
F.2d
aggrieved
Co.
179,
employee
v.
183-84
had
no
right to compel arbitration because "the collective bargaining
agreement . . . [gave]
the
employee ... no
right
to
compel . . . arbitration . . . .").
the agreement.
Thus,
the Court
is
satisfied that
it may consider this
document without converting Defendant's motion to dismiss into a motion for
summary judgment.
In
matter
sum,
because
jurisdiction,
Plaintiff
and
has
because
she
has a right to compel arbitration,
GRANTS
The
Court
14) .
motions
this
has
to
not
plead
subject-
pleaded that
she
her claim fails and the Court
Defendant's motion to dismiss.
IV.
(doc.
failed
GRANTS
Thus,
Defendant's
the
and deadlines,
Conclusion
Clerk
is
amended
motion
instructed
to
to
dismiss
TERMINATE
ENTER THE APPROPRIATE JUDGMENT,
all
and CLOSE
case,
ORDER ENTERED at Augusta,
*7V^
Georgia this
/
day of March,
2017
HONORABLE
J.
RANDAL
HALL
UNITEj/ STATES DISTRICT JUDGE
ffiRN
DISTRICT
OF GEORGIA
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