panels selected by MWAA after it ascertained and honored the wishes of unions, including plaintiffs, but by whatever panel members MWAA might choose over time. An example of a more nearly reasonable replication of the regime which obtained before the transfer would be one which furnished bipartisan panels whose members were selected and compensated by mutual agreement. See, e.g., Rule 12 of the American Arbitration Association. Whatever mechanism the MWAA chooses to adopt, the one in place does not reasonably replicate that which resolved disputes before the transfer. Accordingly, on this issue an accompanying Order will grant plaintiffs' motion for summary judgment, deny the cross-motion of defendants, and direct the parties to submit a proposed order which would provide for a transition process to whatever independent, bipartisan dispute apparatus may be devised.
On all the other issues, plaintiffs have failed to demonstrate that the Labor Code materially changes the employer-employee relationship that existed between plaintiffs and FAA, or the mechanism for resolving disputes. The provisions of the Labor Code requiring plaintiffs to provide fair representation to all employees in an organized unit and to provide members with an annual financial statement clearly parallel requirements imposed by law upon plaintiffs before the transfer. See 5 U.S.C. § 7114(a)1; 29 C.F.R. § 258.3; see also Karahalios v. National Federation of Federal Employees, 489 U.S. 527, 109 S. Ct. 1282, 1285-86, 103 L. Ed. 2d 539 (1989). Similarly, the Labor Code expressly adopts the principles contained in federal law with regard to union security clauses and union unfair labor practices. Compare MWAA Labor Code at §§ 3, 12(b) with 5 U.S.C. §§ 7102, 7116. Accordingly, defendants prevail on these issues.
Finally, the plaintiffs challenge as overbroad the Labor Code's definition of a prohibited strike. They read the Code as threatening to embrace in that definition pamphletting and other forms of speech protected by the First Amendment. If and when the MWAA should adopt such an interpretation or more clearly threaten to throttle speech in the course of preventing a strike or impose sanctions upon strikers on account of speech, that will be time enough for judicial intervention.
The foregoing considered, the accompanying Order will grant in part and deny in part the cross-motions for summary judgment and require the parties to submit a proposed order which would provide for correction of the dispute resolution provisions of the Labor Code with appropriate transition arrangements to permit continued resolution of disputes pending adoption of a more neutral disputes resolution machinery.
ORDER - October 11, 1989, Filed
For the reasons stated in the accompanying Memorandum, it is this 11th day of October, 1989, hereby
ORDERED: that plaintiffs' motion for summary judgment is denied in part and granted in part; and it is further
ORDERED: that defendants' motions for summary judgment are denied in part and granted in part; and it is further
ORDERED: that the parties shall on or before October 20, 1989 submit a proposed order or, if they cannot agree, proposed orders, that would provide for correction of the dispute resolution provisions of the Labor Code with appropriate transition arrangements to permit continued resolution of disputes pending adoption of more neutral disputes resolution machinery; and it is further
ORDERED: that any pending request by the Court for further pleadings is vacated.