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COOK v. PAN AM

May 12, 1986

JOHN C. COOK, et al., Plaintiffs, against PAN AMERICAN WORLD AIRWAYS, INC., AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, AIR LINE PILOTS ASSOCIATION, PAN AM CHAPTER, FLIGHT ENGINEERS INTERNATIONAL ASSOCIATION, FLIGHT ENGINEERS INTERNATIONAL ASSOCIATION, PAN AM CHAPTER, Defendants, and CHARLES P. CAUDLE and VINCENT WYNNE, individually, and as Representatives of all similarly situated pilots of Pan American World Airways, Inc., formerly in the employ of National Airlines, Inc., Proposed Defendants-Intervenors


The opinion of the court was delivered by: SWEET

SWEET, D.J.

Charles P. Caudle and Vincent Wynne ("movants"), individually and as representatives of all similarly situated Pan American World Airways, Inc. ("Pan Am") pilots formerly in the employ of National Airlines, Inc. ("National"), bring this motion pursuant to Rule 24, Fed.R.Civ.P. to intervene as party defendants in the above-captioned case. For the reasons discussed below, the motion is denied.

 1. Facts and Prior Proceedings

 Following the merger of National into Pan Am, the pilots of the new airline company were also merged into a single bargaining unit. As part of the merger proceedings, arbitrator Lewis M. Gill issued a decision consolidating the seniority lists of Pan Am and National (the "Gill Award"). The Gill Award served as the blueprint for Pan Am's current pilot seniority system. Pilots formerly employed by Pan Am ("plaintiffs") filed this action against their unions (collectively referred to as "ALPA") and Pan Am alleging that the current seniority system violates the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. ยงยง 621-634 ("ADEA"). Specifically, plaintiffs claim that the merged seniority system wrongfully placed them below younger less experienced former National pilots. The complaint also alleges a breach of duty of fair representation in connection with the negotiation and implementation of the Gill Award by ALPA.

 Essentially, movants argue that they represent the only party subject to injury in this litigation. That is, if plaintiffs prevail, the current seniority system would be voided or changed, and the plaintiffs would be reinstated to their "rightful" position in the seniority system. This upward placement of the plaintiffs would necessarily cause the former National pilots to be relatively lower on the seniority totem pole.

 II. Discussion

 Rule 24 of the Fed.R.Civ.P. governs motions to intervene. In relevant parts, the rule states:

 
(a) Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action . . . (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.
 
(b) Permissive Intervention. Upon timely application anyone may be permitted to intervene in an action . . . (2) when an applicant's claim or defense and the main action have a question of law or fact in common.
 
* * *
 
In exercising its discretion the court shall consider whether the intervention will unduly or prejudice the adjudication of the rights of the original parties.

 Movants alternatively request intervention of right and permissive intervention. Intervention of right is denied because defendants adequately represent any protectable interest. Permissive intervention is denied for failure to allege an independent ground of jurisdiction.

 A. Intervention of Right

 In Restor-A-Dent Dental Laboratories v. Certified Alloy Products, 725 F.2d 871 (2d Cir. 1984), the Second Circuit distilled a ...


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