United States District Court, D. Nevada
Decided: August 3, 2013.
Namit Bhatnagar, Plaintiff, Pro se, Las Vegas, NV.
For Medco Health, LLC, Defendant: Gary C. Moss, Paul T. Trimmer, LEAD ATTORNEYS, Jackson Lewis LLP, Las Vegas, NV.
PHILIP M. PRO, United States District Judge.
Presently before the Court is whether this Court has subject matter jurisdiction over Plaintiff Namit Bhatnagar's (" Bhatnagar" ) claims against Defendant Medco Health, LLC (" Medco" ), an issue remanded to this Court by the United States Court of Appeals for the Ninth Circuit (Doc. #27). On February 26, 2013, Bhatnagar filed a Brief Regarding Subject Matter Jurisdiction (Doc. #29), which the Court is treating as a Motion to Remand. Medco filed a Response (Doc. #30) on March 20, 2013.
Defendant Medco hired Plaintiff Bhatnagar as a customer service representative on May 28, 2001. (Notice to Fed. Ct. of Removal of Civil Action from State Ct. (Doc. #1), Ex. B [" Compl." ] at 2.) At the time Medco hired Bhatnagar, a collective bargaining agreement (" 1997 CBA" ) was in place between PAID Prescriptions, LLC (" PAID" ) and the Retail, Wholesale and Department Store Union -- United Food and Commercial Workers Union Local 2567 (" Local 2567 Union" ). (Decl. of Josefa Stewart in Supp. of Def. Medco Health, LLC's Opp'n to Pl.'s Br. Regarding Subject Matter Juris. [" H.R. Decl." ] (Doc. #30-1), Ex. 4.)
Although Medco does not explain how Medco and PAID are related, Medco's human resources representative stated in her declaration that the 1997 CBA is a " true and correct copy of Medco's 1997 through 2007 collective bargaining agreement." (Id. at ¶ 7.) Furthermore, the 1997 CBA lists the same address for PAID as that given for Medco in a subsequent collective bargaining agreement (" 2007 CBA" ) entered into by Medco and the Retail, Wholesale and Department Store Union -- United Food and Commercial Workers Union Local 1102 (" Local 1102 Union" ). (Id., Ex. 1 at cover page, Ex. 4 at cover page.) Additionally, the 1997 CBA and the 2007 CBA both incorporate by reference a September 29, 1997, Letter of Agreement. (Id., Ex. 1 at 1, Ex. 4 at 1.) Bhatnagar presents no argument or evidence to refute that the 1997 CBA was Medco's collective bargaining agreement.
Under the 1997 CBA, the Local 2567 Union was the " sole and exclusive representative for purposes of collective bargaining of a unit consisting of all regular full-time and part-time employees in the job classifications listed on Appendix A to" the 1997 CBA. (H.R. Decl., Ex. 4 at 1.) Customer service representative was one of the two positions listed in Appendix A. (Id., Ex. 4 at 31.) The 1997 CBA further provided that " [a]ll employees who apply will be admitted to membership in the Union." (Id., Ex. 4 at 3.) The 1997 CBA also provided that the employer would " deduct dues, as established by the Union, each pay period from the wages of Union members who consent in writing to such deduction." (Id., Ex. 4 at 2.) The 1997 CBA stated it was effective from October 1, 1997 until September 30, 2001, and would automatically renew each year thereafter unless either party provided notice of cancellation. (Id., Ex. 4 at 29.)
There is no evidence that the 1997 CBA was cancelled until May 17, 2007, when Medco and the Local 1102 Union entered into the 2007 CBA. (Id., Ex. 1 at 35.) The 2007 CBA lasted through May 16, 2010. (Id.) The 2007 CBA includes the same language as the 1997 CBA in all sections pertinent to this matter except that additional job titles are listed in Appendix A. (Id., Ex. 1 at 1-2, 37.)
While employed at Medco, Bhatnagar received four " annual union adjustment" pay increases. (Id., Ex. 2 at 3.) Bhatnagar also received numerous performance notices. ...