Local 541 Transport Workers Union of America AFL-CIO et al v. Fudge et al

Filing 23

ORDER: After reviewing the pleadings, file, record, objections, and Report, the court determines the basis for the 17 magistrate judge's recommendation that the court grant the 11 motion dismiss this action for lack of jurisdiction in li ght of the pending NMB proceeding is mooted by the NMB's 4/20/2015 decision and the resolution of the proceedings before it. As a result, there is no longer a risk of overlap between this case and the NMB proceeding. The court, therefore, con cludes that it has jurisdiction and sustains Plaintiffs' objection in this regard. Defendants also moved to dismiss under Rules 12(b)(1) and 12(b)(2) on other grounds. The court determines that the magistrate judge's findings and conclus ions regarding the other grounds raised in the motion to dismiss are correct, and Defendants are not entitled to dismissal of this action based on the other grounds asserted in their motion. Accordingly, for the reasons stated, the court denies Defendants' James Fudge, Earl Smith, Rick Campbell, Nate Pike, Marco Amaya, Ken York, and Mark Stephens Motion to Dismiss Plaintiffs' Original Complaint (Doc. 11 ). (Ordered by Judge Sam A Lindsay on 9/25/2015) (axm)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
LOCAL 541, TRANSPORT WORKERS
UNION OF AMERICA, AFL-CIO and
TRANSPORT WORKERS UNION OF
AMERICA, AFL-CIO,
Plaintiffs,
v.
JAMES FUDGE, et al.,
Defendants.

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Civil Action No. 3:14-CV-3639-L

ORDER
Before the court is Defendants’ James Fudge, Earl Smith, Rick Campbell, Nate Pike, Marco
Amaya, Ken York, and Mark Stephens Motion to Dismiss Plaintiffs’ Original Complaint (Doc. 11),
filed November 19, 2014. Defendants seek dismissal of Plaintiffs’ claims under Federal Rules of
Civil Procedure 12(b)(1) and 12(b)(6). On March 24, 2015, Magistrate Judge David L. Horan
entered Findings, Conclusions and Recommendation of the United States Magistrate Judge
(“Report”), determining that dismissal was not appropriate on any of the grounds asserted by
Defendants, except for the ground pertaining to the jurisdiction of the National Mediation Board
(“NMB”). Because of the overlap in the proceedings in this case and related proceedings before the
NMB, the magistrate judge recommended that the court grant Defendants’ motion to dismiss on this
ground under Rule 12(b)(1) for lack of jurisdiction.
On April 20, 2015, Plaintiffs filed objections to the Report. No response to the objections
was filed by Defendants. In their objections, Plaintiffs raise a number of arguments. The court
concludes that one of those arguments is dispositive of the issue of whether the court has jurisdiction
Order – Page 1

over this action. Plaintiffs contend, among other things, that because the NMB entered a decision
on April 15, 2015 (after the Report issued), dismissing the National Airline Professionals’ (“NAAP”)
application for representation and certifying the Transport Workers Union of America, AFL-CIO
(“TWU”) as the collective bargaining representative, there is no longer a risk that the proceedings
in this case will infringe on the NMB’s jurisdiction to determine the bargaining representative for
the post-merger airline employee groups involved. The court agrees.
After reviewing the pleadings, file, record, objections, and Report, the court determines the
basis for the magistrate judge’s recommendation that the court grant the motion dismiss this action
for lack of jurisdiction in light of the pending NMB proceeding is mooted by the NMB’s April 20,
2015 decision and the resolution of the proceedings before it. As a result, there is no longer a risk
of overlap between this case and the NMB proceeding. The court, therefore, concludes that it has
jurisdiction and sustains Plaintiffs’ objection in this regard.
Defendants also moved to dismiss under Rules 12(b)(1) and 12(b)(2) on other grounds. The
court determines that the magistrate judge’s findings and conclusions regarding the other grounds
raised in the motion to dismiss are correct, and Defendants are not entitled to dismissal of this action
based on the other grounds asserted in their motion. Accordingly, for the reasons stated, the court
denies Defendants’ James Fudge, Earl Smith, Rick Campbell, Nate Pike, Marco Amaya, Ken York,
and Mark Stephens Motion to Dismiss Plaintiffs’ Original Complaint (Doc. 11).
It is so ordered this 25th day of September, 2015.

_________________________________
Sam A. Lindsay
United States District Judge
Order – Page 2