Breazeale v. Southwest Airline Pilot's Association

Filing 7

ORDER Denying without prejudice Plaintiff's 4 Motion for TRO. Signed by Judge Richard F. Boulware, II on 10/12/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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WILLIAM BREAZEALE,

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Case No. 2:17-cv-02594-RFB-CWH

Plaintiff,
v.

ORDER
Plaintiff’s Motion for Temporary
Restraining Order

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SOUTHWEST AIRLINE PILOT’S
ASSOCIATION; DOES 1-20; ROE CORPS.
1-20,

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Defendant.

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Before the Court is Plaintiff William Breazeale (“Plaintiff”)’s Motion for Temporary

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Restraining Order (“TRO”). (ECF No. 4). For the reasons stated below, the Court DENIES

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Plaintiff’s Motion.

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Plaintiff filed a Complaint on October 5, 2017, against Defendant Southwest Airline Pilot’s

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Association (“SWAPA”), alleging violations of the Labor Management Reporting and Disclosure

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Act (“LMRDA”), 29 U.S.C. §§ 481 and 411. (ECF No. 1). Plaintiff asserts a breach of contract

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cause of action, and a breach of implied covenant of good faith and fair dealing cause of action,

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alleging that SWAPA has violated the SWAPA Constitution and Bylaws and Policy Manual in the

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recent election for Las Vegas Domicile Representative. Plaintiff also filed the instant Motion for

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TRO on October 5, 2017. (ECF No. 4). Plaintiff asks the Court to enjoin and restrain SWAPA

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from allowing SWAPA Las Vegas Domicile Representative Candidate Matt Kenworthy

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(“Kenworthy”) from appearing on the ballot for upcoming SWAPA Las Vegas Domicile

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Representative Election, which opened on October 6, 2017. Plaintiff claims that Kenworthy

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appears on the ballot in violation of SWAPA Election Rules.

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Plaintiff’s counsel declared that he contacted SWAPA’s 2nd Vice President, Tom

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Gasparolo (“Gasparolo”), on October 5, 2017, to inform Gasparolo about Plaintiff’s Complaint

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being filed and Plaintiff’s intention to file for a TRO. (ECF No. 4 at 4). Plaintiff’s counsel also left

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a message for SWAPA’s legal counsel informing her of the TRO. (ECF No. 4 at 4). In the Motion,

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Plaintiff describes his efforts to discuss the alleged violation of the SWAPA Election Rules and

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LMRDA with Gasparolo in September 2017. (ECF No. 4 at 6-8). Plaintiff claims that these efforts

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constituted a “formal complaint.” However, the Court finds that Plaintiff has failed to exhaust the

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procedures required by LMRDA and cases interpreting the statute. See 29 U.S.C. § 482 (laying

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out procedures for enforcement). Only the Secretary of Labor may bring a cause of action in

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federal court for violations of Title IV of LMRDA. Id. Prior to the Secretary of Labor filing suit,

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a plaintiff must first lodge a complaint internally and exhaust all internal administrative remedies

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available pursuant to the constitution and bylaws of plaintiff’s union. Id. Plaintiff may then file a

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complaint with the Secretary of Labor, who conducts an investigation and has the authority to

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bring suit. See Local No. 82, Furniture & Piano Moving v. Crowley, 467 U.S. 526, 539-540 (1984).

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Therefore, the Court denies the Motion without prejudice, with leave to refile subject to

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the exhaustion of administrative remedies. Under Crowley, once the proper procedures are

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followed, the Court has the authority to “invalidate an election already held, and order the

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Secretary to supervise a new election, only if the violation of Title IV may have affected the

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outcome of the previous election.” 467 U.S. at 540.

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CONCLUSION

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IT IS THEREFORE ORDERED that the Motion for Temporary Restraining Order (ECF

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No. 4) is DENIED without prejudice.

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DATED this 12th day of October, 2017.

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__________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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