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International Brotherhood of Teamsters v. Allegiant Travel Co.

United States District Court, D. Nevada

November 13, 2014

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AIRLINES DIVISION, et al., Plaintiffs,
v.
ALLEGIANT TRAVEL COMPANY and ALLEGIANT AIR, LLC, Defendants

For International Brotherhood of Teamsters, Airlines Division, Airline Professionals Assoc. of the IBT, Local Union No. 1224, Plaintiffs: Edward M. Gleason, Jr., LEAD ATTORNEY, Law Office of Edward Gleason, PLLC, Washington, DC; James Petroff, LEAD ATTORNEY, Barkan Meizlish, LLP, Cleveland, OH; Joshua D. McInerney, LEAD ATTORNEY, PRO HAC VICE, Barkan Meizlish, LLP, Columbus, OH; Douglas Ward Hall, FordHarrison LLP, Washington, DC; Michael A Urban, Laquer, Urban, Clifford & Hodge LLP, Las Vegas, NV; Nathan R. Ring, The Urban Law Firm, Las Vegas, NV.

For Allegiant Air, LLC, Allegiant Travel Company, Defendants: Andrew Duncan McClintock, LEAD ATTORNEY, Ford & Harrison LLP, Atlanta, GA; Douglas Ward Hall, FordHarrison LLP, Washington, DC; Ross C Goodman, LEAD ATTORNEY, Goodman Law Group, Las Vegas, NV; Elizabeth Mercedes Rodriguez, Ford & Harrison LLP, Miami, FL.

ORDER

GEORGE FOLEY, JR. United States Magistrate Judge.

Motion to Compel - #98

This matter is before the Court on Defendants' Motion to Compel Production of Rule 30(b)(6) Deponent (#98), filed on September 5, 2014. Plaintiff filed its Response (#106) on September 22, 2014 and Defendants filed their Reply (#109) on September 29, 2014. The Court conducted a hearing on this motion on October 9, 2014.

BACKGROUND

The Court hereby incorporates the Background and Discussion set forth in Order (#119) regarding Defendant's Motion to Compel Responses to Written Discovery (#97). Plaintiff International Brotherhood of Teamsters, Airline Division/Airline Professionals Association of the International Brotherhood of Teamsters, Local Union No. 1224 (" IBT" or " Union") has brought this action seeking to enjoin Defendants Allegiant Travel Company and Allegiant Air, LLC (" Allegiant") from unilaterally eliminating or changing provisions of the Pilot Work Rules, which the Union alleges is a binding collective bargaining agreement that was negotiated by the Allegiant pilots' former collective bargaining representative, the Allegiant Air Pilots Advocacy Group (AAPAG). Allegiant denies that the AAPAG was the pilots' collective bargaining representative or that the Pilot Work Rules constitutes a binding collective bargaining agreement. On July 22, 2014, the District Judge granted the Union's motion for preliminary injunction. Order (#79) .

Allegiant has served the Union with a Notice of Deposition (hereinafter " Notice") to take the deposition of the Union in accordance with Fed.R.Civ.Pro. 30(b)(6). The Notice directed the Union to designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, to testify regarding 42 topics listed in the notice of deposition. The Union has objected to the Notice on the grounds that many of the topics are over broad and irrelevant. The Union has also objected to the Notice to the extent Allegiant seeks to discover information protected from disclosure under the First Amendment associational privilege.

Topics 1 through 8 of the Notice request a deponent to testify about (1) IBT's campaign to represent the Allegiant pilots; (2) the identity of all members of the IBT's organizing committee during its campaign to represent the Allegiant pilots; (3) and (4) the methods of communication used by IBT, or its organizing committee, to communicate with pilots during its campaign; (5) all discussions or communications between IBT and members of its organizing committee relating to IBT's campaign to represent the Allegiant pilots, " including but not limited to any and all communications regarding or referencing the Pilot Work Rules ('PWR') or the Allegiant Air Pilots Advocacy Group ('AAPAG'); " (6) all documents provided to IBT by Allegiant pilots during its campaign to represent the pilots, " including but not limited to any and all documents regarding or referencing the PWR or AAPAG; " (7) all communications from IBT's organizing committee (or members thereof) to Allegiant pilots relating to IBT's campaign to represent the Allegiant pilots, " including but not limited to any and all communications regarding or referencing the PWR or AAPAG; " and (8) all communications from IBT to the Allegiant pilots during the IBT's campaign to represent the Allegiant pilots, " including but not limited to any and all communications regarding or referencing the PWR or AAPAG." Motion to Compel (#98), Exhibit 1 .

Topics 9-21 of the Notice request a deponent to testify about (9) and (10) discussions or communications between IBT and AAPAG prior to and after IBT's certification by the NMB, (11) IBT's representation application and other submissions filed with the NMB during its efforts to become the representative of the Allegiant pilots; (12) communications from the NMB to the parties during the IBT's efforts to become the representative of the Allegiant pilots and IBT's response thereto; (13) IBT's position before the NMB regarding whether the Allegiant pilots were already represented for purposes of collective bargaining; (14) IBT's position before the NMB regarding whether the Allegiant pilots were subject to a collective bargaining agreement; (15) IBT's claim in paragraph 8 of its complaint that AAPAG represented the Allegiant pilots for purposes of collective bargaining under the RLA; (16) IBT's claim in paragraph 8 of its complaint that AAPAG was voluntarily recognized by Allegiant as the elected and representative body of the pilot group of Allegiant Air; (17) IBT's claim that AAPAG collected dues from its members and represented their interests against Allegiant; (18) IBT's claim that the PWR was a collective bargaining agreement; (19) IBT's claim in paragraph 14 of its complaint that Allegiant refused to negotiate a system board of adjustment; (20) IBT's position regarding whether AAPAG was a representative of the pilots under the Railway Labor Act (" RLA"), whether the PWR was a collective bargaining agreement, whether PWR was enforceable, and/or whether Allegiant could unilaterally make changes despite the PWR; and (21) the letter sent by the IBT to Allegiant on September 11, 2012, including but not limited to the basis for the positions stated by IBT in that letter. Id.

Topics 22-30 of the Notice request a deponent to testify about the injuries or damages allegedly suffered by the Allegiant pilots as a result of the elimination or modification of provisions in the Pilot Work Rules; the provisions of the PWR that were allegedly violated by Allegiant; IBT's ability to compensate Allegiant pilots who are engaged in collective bargaining negotiations with Allegiant; and how IBT-represented employees at other airlines are compensated for time spent in negotiating collective bargaining agreements or conducting other business on behalf of IBT.

Topic 31 of the Notice requests a deponent to testify about items sought in Allegiant's Request for Production No. 9 which is addressed in Order (#119). Topic 32 requests a deponent to testify about all disputes or appeals ever filed by AAPAG, IBT or any individual pilot pursuant to Section 8 (the Open Door Policy) of the PWR, any response by Defendants to such disputes or appeals, and any correspondence between AAPAG or IBT and pilots (individuals or groups) related to those disputes or appeals. Topic 33 requests a deponent to testify about the source and substance of any and all information, documents or data that came into the possession or control of IBT between June 29, 2012 and September 11, 2012 that led to or related to IBT's change of position regarding whether the Allegiant pilots were previously represented by AAPAG and whether the PWR is a collective bargaining agreement, including when and how such information, documents and data came into IBT's possession, and any discussions relating to such information, documents and data.

Topics 34-39 of the Notice request a deponent to testify about matters relating to IBT's efforts to be certified as the collective bargaining representative for the pilots of Horizon Airlines.

Topics 40-42 of the Notice request a deponent to testify about the documents produced by IBT in response to Allegiant's requests for production of documents, IBT's responses and objections to Allegiant's interrogatories, and IBT's ...


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