Citations
- 570 F. Supp. 1303
Full opinion text
MEMORANDUM OPINION
WILL, District Judge.
This is an action brought by thirteen flight officers employed by Trans World Airlines (“TWA”) seeking injunctive relief against TWA and against the Air Line Pilots Association International (“ALPA”), the labor organization representing the pilot-employees, pursuant to the Railway Labor Act, 45 U.S.C. §§ 151, et seq. and 28 U.S.C. § 1337. Plaintiffs seek to enjoin the enforcement by TWA and ALPA of a provision contained in a collective bargaining agreement of April 7, 1982, that prohibits pilots from wearing beards. Plaintiffs contend that ALPA violated its duty of fair representation. TWA and ALPA have moved for summary judgment. For the reasons hereinafter stated and after a careful consideration of the extensive record, including all pleadings, affidavits, exhibits, depositions, and answers to interrogatories, we find that there are no genuine issues of material fact in dispute and that both defendants are entitled to summary judgment as a matter of law.
I.
On March 31, 1982, eight TWA pilots sought a temporary and permanent injunction and/or temporary restraining order to enjoin TWA and ALPA from carrying out any enforcement of the collective bargaining agreement’s provision for the removal of facial hair other than well-trimmed mustaches. (R. 1) On March 31, 1982, we granted a temporary restraining order which was once extended with the defendants’ consent and which was dissolved on June 26, 1982. (R. 26) On April 26, 1982, TWA filed a motion to dismiss the action pursuant to Rule 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. (R. 8) On June 10,1982, we denied the defendants’ motions to dismiss the complaint and we denied plaintiffs’ motion for a preliminary injunction (R. 26) so that the parties could proceed with discovery, find out what happened during the negotiations, and determine whether there was adequate representation of the TWA pilots in the negotiations.
Subsequently, on December 6,1982, TWA an