Full title: CHARLENE CARTER, Plaintiff, v. TRANSPORT WORKERS UNION OF AMERICA LOCAL…
Court: United States District Court NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
CASE NO. 3:17-CV-2278-S
Date published: Feb 1, 2019
Fact:
Plaintiff Charlene Carter (“Plaintiff”) is a former flight attendant for Southwest Airlines Company (“Southwest” or the “Company”). Plaintiff filed suit against Southwest and her union, Transport Workers Union of America Local 556 (“Local 556” or the “Union”), following her termination by Southwest for violations of the Company’s policies related to social media, harassment, and bullying. Plaintiff alleges that the Union retaliated against her, and Southwest terminated her employment, for speech and activity protected by the Railway Labor Act (“RLA”) and the United States Constitution. Plaintiff also alleges that Local 556 breached its duty of fair representation by causing Southwest to terminate her employment. Finally, Plaintiff alleges that both Southwest and Local 556 discriminated against her for her religious beliefs and practices in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”).
Southwest moves to dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) and for failure to state a claim pursuant to Rule 12(b)(6) [ECF No. 48]. Local 556 also moves to dismiss for failure to state a claim pursuant to Rule 12(b)(6) [ECF No. 51]. For the reasons that follow, the Court grants in part and denies in part the Motions.
Issue:
CONCLUSION:
For the reasons stated above, the Court grants in part and denies in part Southwest’s Motion to Dismiss and Local 556’s Motion to Dismiss. The Court denies Southwest’s 12(b)(1) Motion to Dismiss for lack of subject matter jurisdiction because Plaintiff’s claims do not constitute a “minor dispute” under the RLA. The Court also declines to exercise its discretion to give preclusive effect to the findings of the arbitrator at the motion to dismiss stage, and thus denies without prejudice Southwest’s 12(b)(6) Motion on this ground.
As to Counts I and II, the Court grants Southwest’s 12(b)(6) Motion to Dismiss because Plaintiff cannot establish that judicial intervention is warranted in this post-certification dispute. The Court therefore dismisses with prejudice Plaintiff’s RLA claims. As to Count III, the Court grants the Union’s 12(b)(6) Motion to Dismiss Plaintiff’s claim for breach of the duty of fair representation, but grants Plaintiff leave to amend. As to Count IV, the Court denies both Southwest and Local 556′s 12(b)(6) Motions to Dismiss Plaintiff’s retaliation claims based on RLA-protected activity. The Court, however, grants both Southwest and Local 556′s 12(b)(6) Motions to Dismiss Plaintiff’s retaliation claims based on constitutional violations because both Southwest and the Union are not government actors. Thus, the Court dismisses with prejudice Plaintiff’s retaliation claims based on the exercise of her First and Fifth Amendment rights. Finally, as to Count V, the Court denies Southwest’s 12(b)(6) Motion to Dismiss Plaintiff’s Title VII claim.
Because further amendment may not be futile, the Court sua sponte grants Plaintiff leave to amend her pleadings as to Count III. Plaintiff shall have 30 days from the date of this Order to file an amended complaint regarding her claim for a breach of the duty of fair representation against the Union.