Justia Arbitration & Mediation Opinion SummariesArticles Posted in Transportation Law
Dawn Polk v. Amtrak National Railroad Passenger Corporation
Plaintiff, an African American woman, worked as a conductor for Amtrak National Railroad Passenger Corporation (Amtrak). During her employment, she belonged to a division of the Sheet Metal, Air, Rail and Transportation Workers (SMART) union, which maintained a collective bargaining agreement (CBA) with Amtrak. Plaintiff brought the instant lawsuit pro se. She named Amtrak and the company’s director of employee relations as Defendants, along with three other Amtrak colleagues. Plaintiff asserted state-law claims of breach of contract and tort, as well as a federal claim of racial discrimination in violation of Title VII. Defendants moved to dismiss, and Plaintiff moved for summary judgment as well as for leave to amend her complaint. The district court granted Defendants’ motion and denied Plaintiff’s two motions. The district court held that Plaintiff’s claims were subject to arbitration under the Railway Labor Act (RLA). The Fourth Circuit affirmed. The court explained that it declines to unwind a statutory scheme without a clear congressional directive to do so. Plaintiff argued that at least her particular claim is not a minor dispute. The mere fact that Plaintiff’s claim arises under Title VII does not disqualify that claim from being a minor dispute within the RLA’s ambit. The thrust of Plaintiff’s Title VII claim is that Amtrak deviated from its policies when dealing with her. While Plaintiff’s allegations as to her own treatment are factual, those concerning Amtrak’s policies directly implicate the relevant CBA between Plaintiff’s union, SMART, and Amtrak. That some of Plaintiff’s interpretive disagreements concern the Drug-Free Program does not alter the character of her claim. View "Dawn Polk v. Amtrak National Railroad Passenger Corporation" on Justia Law
Evenskaas v. California Transit, Inc.
Plaintiff worked as a driver for California Transit. After California Transit terminated his employment, Evenskaas filed this wage and hour class action against California Transit; its owner, and the company that administered California Transit’s payroll, Personnel Staffing Group, LLC (collectively, the California Transit defendants). Because Plaintiff signed an arbitration agreement, in which he agreed to arbitrate all claims arising from his employment and waived his right to seek class-wide relief, the California Transit defendants filed a motion to compel arbitration. The trial court denied the motion. The California Transit defendants appealed, contending the FAA applies to the arbitration agreement. The Second Appellate District reversed the order denying Defendants’ motion to compel arbitration is reversed. The court directed the trial court to enter a new order granting the motion and dismissing Plaintiff’s class claims. The court explained that because the paratransit services California Transit hired Plaintiff to provide involve interstate commerce for purposes of the FAA, the FAA applies to the arbitration agreement and preempts the Gentry rule that certain class action waivers in employment arbitration agreements are unenforceable. View "Evenskaas v. California Transit, Inc." on Justia Law
Sarchi v. Uber Technologies, Inc.
The Supreme Judicial Court affirmed the decision of the superior court denying the motion to compel arbitration brought by Uber Technologies, Inc. and Rasier, LLC (collectively, Uber) in this action brought by Patricia Sarchi, a user of Uber's ride-sharing service, and the Maine Human Rights Commission, holding that the superior court did not err.Plaintiffs brought this action against Uber for violating the Maine Human Rights Act, Me. Rev. Stat. 5, 4592(8), 4633(2), after Sarchi, who was blind, was refused a ride because of her guide dog. Uber moved to compel Sarchi to arbitrate and to dismiss or stay the action pending arbitration. The motion court denied the motion to compel, concluding that Sarchi did not become bound by the terms and conditions of Uber's user agreement. The Supreme Judicial Court affirmed, holding that, under the facts and circumstances of this case, Sarchi was not bound by the terms. View "Sarchi v. Uber Technologies, Inc." on Justia Law
Weissman v. National Railroad Passenger Corp.
Appellants, two individuals who have traveled on Amtrak in connection with their work and expect to continue doing so, sought declaratory and injunctive relief to prevent Amtrak from imposing an arbitration requirement on rail passengers and purchasers of rail tickets.The DC Circuit affirmed the district court's dismissal of the complaint because appellants have not plausibly alleged an actual injury-in-fact and therefore lack Article III standing. In this case, appellants have alleged neither ongoing nor imminent future injury. Rather, appellants assert only one cognizable interest, the interest in purchasing tickets to travel by rail, but Amtrak's new term of service has not meaningfully abridged that interest. View "Weissman v. National Railroad Passenger Corp." on Justia Law
Romero v. Watkins & Shepard Trucking, Inc.
Romero, a truck driver employed by Watkins, an interstate trucking business, made deliveries only to retail stores in California. To complete paperwork and training, Romero periodically logged in to an online portal that required a unique employee identification number and password. Romero’s unique user account completed a set of “Associate Acknowledgements,” through which he clicked “I Agree,” signifying that he read and agreed to the Arbitration Policy, a stand-alone agreement that purports to waive any right to bring or participate in a class action; it states that the agreement is “governed by the Federal Arbitration Act,” and purports to waive "any provision of the FAA which would otherwise exclude [the agreement] from its coverage.” However, if "this [agreement] and/or its Waiver Provisions are not subject to and governed by the FAA, then the laws of the State of Nevada . . . will be the applicable state law.” The Arbitration Policy was not a condition of employment. Romero did not opt-out. In August 2019, Watkins announced it would cease operations. Romero and other employees were laid off.Romero filed a putative class action under the California and federal WARN Acts, 29 U.S.C. 2101, which require advance notice to employees before being laid off. The district court granted a motion to compel arbitration. The NInth Circuit affirmed, while noting that the Federal FAA exemption of employment contracts for transportation workers applies and cannot be waived by private contract. View "Romero v. Watkins & Shepard Trucking, Inc." on Justia Law
Saxon v. Southwest Airlines Co.
As a Chicago Midway International Airport ramp supervisor, Saxon supervises, trains, and assists a team of ramp agents—Southwest employees who physically load and unload planes. Ostensibly her job is purely supervisory but Saxon and other ramp supervisors frequently fill in as ramp agents. The ramp agents are covered by a collective bargaining agreement. Supervisors are excluded and agree annually as part of their contract of employment—not separately—to arbitrate wage disputes. Believing that Southwest failed to pay ramp supervisors for overtime work, Saxon filed a putative collective action under the Fair Labor Standards Act, 29 U.S.C. 201–219. Southwest moved to dismiss or stay the suit pending arbitration (Federal Arbitration Act (FAA), 9 U.S.C. 3).The Seventh Circuit reversed the dismissal of the suit, citing the FAA exemption for “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” The last category refers not to all contracts of employment, but only to those belonging to “transportation workers.” The act of loading cargo onto a vehicle to be transported interstate is commerce, as that term was understood at the time of the FAA’s 1925 enactment. Airplane cargo loaders, as a class, are engaged in that commerce, as seamen and railroad employees were; Saxon and the ramp supervisors are members of that class. View "Saxon v. Southwest Airlines Co." on Justia Law
Betancourt v. Transportation Brokerage Specialists, Inc.
Plaintiff worked as a delivery driver for TBS, a “last-mile” delivery company whose primary client was Amazon.com. At the start of his employment, he signed an At-Will Employment, Non-Disclosure, Non-Solicitation, Class-Action Waiver and Arbitration Agreement. Plaintiff filed suit asserting violations of the Labor Code, California’s Unfair Competition Law, and the Private Attorneys General Act, unlawful retaliation, and wrongful termination. The trial court denied TBS’s motion to compel the plaintiff to arbitrate his individual claims and to dismiss his class claims. The court found that the plaintiff was exempt from Federal Arbitration Act (9 U.S.C. 1, FAA) coverage because he was a transportation worker engaged in interstate commerce and that the class action waiver was unenforceable, rendering the arbitration agreement unenforceable.The court of appeal affirmed that the plaintiff is exempt from FAA coverage and that the class action waiver is unenforceable under California law. The court reversed the order denying the motion to compel arbitration of the plaintiff’s individual claims; the trial court improperly found the arbitration agreement unenforceable in its entirety rather than severing the class action waiver provision from the remainder of the employment agreement and considering the validity of the arbitration provision with respect to the individual claims for unlawful retaliation and wrongful termination. View "Betancourt v. Transportation Brokerage Specialists, Inc." on Justia Law
Brotherhood of Locomotive Engineers & Trainmen GCA UP v. Union Pacific Railroad Co.
In 2020 Union Pacific Railroad announced a change to its employee attendance policy. Several regional branches of the union opposed the change and sought an order under the Railway Labor Act, 45 U.S.C. 151a (RLA), requiring Union Pacific to submit the change to collective bargaining. The district court dismissed for lack of jurisdiction; the claim belonged in arbitration before the National Railroad Adjustment Board.The Seventh Circuit affirmed and granted Union Pacific’s motion for sanctions under Federal Rule of Appellate Procedure 38 for the frivolous appeal. For the second time in three years, the Brotherhood has pressed a position squarely foreclosed by settled law. The union’s challenge to the revised policy amounted to a “minor dispute” subject to mandatory arbitration under the RLA. Given the parties’ course of dealing over workplace attendance requirements, there was a clear pattern and practice of Union Pacific modifying its policies many times over many years without subjecting changes to collective bargaining, which provided the railroad with a nonfrivolous justification to unilaterally modify its attendance policy. That reality made this dispute a minor one subject to resolution through mandatory arbitration. View "Brotherhood of Locomotive Engineers & Trainmen GCA UP v. Union Pacific Railroad Co." on Justia Law
Ali v. Daylight Transport, LLC
Daylight, an expedited less-than-truckload carrier, contracts with independent truck drivers. Daylight’s California drivers only provided services within California. The plaintiffs each entered into an “Independent Contractor Service Agreement” before beginning to drive for Daylight and regularly signed materially identical contract extensions while driving for Daylight. All of those Agreements contained an identical arbitration provision. The plaintiffs filed a putative class action, requesting relief from Daylight’s “unlawful misclassification of former and current Daylight delivery drivers as ‘Independent Contractors,’ ” and alleging violations of Labor Code and wage order provisions, and the law against unfair competition.The court of appeal affirmed the denial of Daylight’s motion to compel arbitration, applying California law and finding the agreement procedurally and substantively unconscionable, and that severance of the unconscionable terms is not possible. Daylight was in a superior bargaining position and presented the contracts on a take it or leave it basis. The Agreement’s 120-day limitations period is substantially shorter than the statutory limits. The Agreement permits Daylight to seek a provisional judicial remedy but precludes plaintiffs from equivalent access and requires that the parties split the cost of arbitration, a cost greater than litigation filing fees. Because Daylight had waived its argument, the court did not address preemption under the Federal Arbitration Act, which“provides a limited exemption from FAA coverage to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce (9 U.S.C. 1). View "Ali v. Daylight Transport, LLC" on Justia Law
Grice v. United States District Court for the Central District of California
Uber’s smartphone application connects riders needing transportation with available local drivers. Rideshare fares are charged automatically via the Uber App, with Uber withholding a percentage as a “service fee.” Grice, an Alabama Uber driver, has used the Uber App since 2016 to provide rideshare services to and from Huntsville International Airport and Birmingham-Shuttlesworth International Airport. Uber had agreements with these airports to allow Uber drivers to pick up arriving passengers. Grice, in the course of his work, never crosses state lines. Grice filed a putative class action lawsuit, alleging that Uber failed to safeguard drivers’ and riders’ personal information and mishandled a data security breach in which that information was stolen by online hackers. Uber moved to compel arbitration, citing the Technology Services Agreement that Grice and other drivers signed, requiring arbitration of “any disputes . . . arising out of or related to [the driver’s] relationship” with Uber and prohibiting arbitration “on a class, collective action, or representative basis.” Grice responded that he drives passengers who are engaged in interstate travel to and from airports and qualified for the Federal Arbitration Act, 9 U.S.C. 1 exemption for workers engaged in foreign or interstate commerce.The district court compelled arbitration. The Ninth Circuit denied a petition for a writ of mandamus seeking to vacate the order The district court’s decision was not clearly erroneous as a matter of law, as required for granting a writ of mandamus. View "Grice v. United States District Court for the Central District of California" on Justia Law