IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
AT COVINGTON
COMAIR, INC., Case No. 99-250
Plaintiff, Judge Bertelsman
v.
AIR LINE PILOTS
ASSOCIATION, INTERNATIONAL,
Defendant.
PRELIMINARY INJUNCTION
Upon the reading of the Complaint, the memorandum of law in support of COMAIR Inc.’s motion and affidavits in support of that motion, and upon consideration of the proceedings heretofore had, this Court specifically finds as follows:
That the Defendant Air Line Pilots Association, International ("ALPA") is the collective bargaining representative of the pilots employed by Plaintiff COMAIR, Inc. ("COMAIR").
COMAIR is a common carrier by air subject to the Railway Labor Act, 45 U.S.C. 145 et seq. (the "RLA" to the "ACT").
That there exists a collective bargaining agreement between the parties.
That the parties currently are engaged in collective bargaining for a successor collective agreement, pursuant to Section 6 of the RLA, 45 U.S.C. 156.
The RLA requires the parties to observe the status quo during collective bargaining until and unless the parties exhaust the negotiation, mediation and arbitration mechanisms established by the RLA for the resolution of "major disputes."
Those processes have not been exhausted.
Notwithstanding its statutory duty to maintain the status quo,
Defendant ALPA and its members have violated the status quo by the manner and means in which its members have written-up mechanical deficiencies.
Pursuant to Consolidated Rail Corp. v. Railway Labor Executives’ Ass’n., 491 U.S. 299, 303 (1989), "district courts have subject matter jurisdiction to enjoin violation of the status quo pending completion of the required procedures, without the customary showing of irreparable injury." Rather, it is sufficient for the plaintiff to demonstrate that the defendant has violated the status quo prior to the exhaustion of the RLA’s procedures for the resolution of major disputes.
Even if Plaintiff were required to demonstrate that the traditional equitable factors were met prior to the issuance of injunctive relief, that burden has been met, inasmuch as Plaintiff has suffered from irreparable harm, and will continue to suffer irreparable harm, unless an injunction is issued. Moreover, it has demonstrated a likelihood that it will succeed on the merits, and that the public interest will be served by the issuance of injunctive relief. Finally, the balance of hardships tips in its favor, inasmuch as the injunction sought by Plaintiff COMAIR does no more than require Defendant ALPA to comply with the mandates of the RLA.
WHEREFORE, for the reasons set forth herein, and as set forth more fully in Plaintiff’s Complaint, motion, memorandum in support of its motion, and supporting affidavits, Plaintiff is hereby granted a PRELIMINARY INJUNCTION.
IT IS THEREFORE ORDERED that ALPA, and its officers, members, representatives, attorneys and agents, and the airline pilots employed by COMAIR, and all persons acting in concert with, through or under them and each of them, are hereby restrained in the manner set forth below:
From calling, permitting, authorizing, encouraging, participating in, approving of, or continuing any disruption, curtailment, or restriction of normal airline operations or procedures, including but not limited to improper maintenance write-ups, slowdowns, or other work stoppages and all acts in furtherance or in support thereof:
AND IT IS FURTHER ORDERED:
That ALPA, its officers, members, representatives, attorneys and agents take all steps in their power to prevent said disruption of normal airline operations or procedures from continuing, including but not limited to, the following:
instruct all pilots to refrain from improper maintenance write-ups, work slowdowns, or any other disruption of COMAIR’s flight operations, and provide COMAIR a copy of all such instructions.
notify, by the most expeditious means possible, all ALPA-represented pilots employed by COMAIR of the issuance, contents and meaning of this preliminary injunction, and produce a copy of all such messages to COMAIR.
that the notice described in (b) above include a directive from ALPA to all COMAIR pilots to
cease and desist upon pain of fine, suspension, or other sanction from improper maintenance write-ups, or any other disruption of flight operations, and to cease and desist all exhortations or communications encouraging the same.
that ALPA post the notice described in (b) above to its Internet web site, and provide a copy of the notice to COMAIR.
that ALPA include the contents of the notice described in (b) in a recorded telephone hotline message to all COMAIR pilots, and provide a copy of the message to COMAIR.
that ALPA report by 1200 noon on December 22, 1999, by sworn affidavit, the methods used to effect the notice described in (b) above, with a copy to COMAIR and the Court.
IT IS FURTHER ORDERED that a bond is hereby set in this matter in the amount of $25, 000 to be deposited with the Clerk of Courts.
SO ORDERED this 21st day of December, 1999, 5:45 p.m. E.S.T.
/s/ William C. Bertelsman
U.S. DISTRICT JUDGE
