# Petition for Writ of Certiorari — Dunn v. Air Line Pilots Ass'n

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Petition for Writ of Certiorari
- **Published:** January 1, 2000
- **Citation:** 530 U.S. 1204

## Text

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991507 MAR! 5 200

No. OFFICE OF TE caeak

In The |
Supreme Court of the United States

¢

LARRY DUNN, TOM DUCKWORTH, et al.,

Petitioners,
VS.

AIR LINE PILOTS ASSOCIATION,
HARRY DUFFY, et al.,

Respondents.

¢

On Petition For A Writ Of Certiorari
To The United States Court Of Appeals
For The Eleventh Circuit

.

PETITION FOR A WRIT OF CERTIORARI

¢

Puiturp A. HuBBART Mytes J. TRALINS
Counsel of Record One Biscayne Tower,
One Biscayne Tower Suite 2930
Suite 2930 2 South Biscayne
2 South Biscayne Boulevard

Boulevard Miami, Florida 33131
Miami, Florida 33131 (305) 374-3300

(305) 374-0650

Counsel for Petitioners

COCKLE LAW BRIEF PRINTING CO., (800) 225-6964
OR CALL COLLECT (402) 342-2831

QUESTIONS PRESENTED

1. Does federal labor law, under the doctrine of pre-
emption, entitle a labor union and its leaders to a sum-
mary judgment in a state libel action brought against
them for printing and distributing blacklists to potential
employers on a world-wide basis accusing its union
members and others of being trade union “scabs” — solely
because these workers refused to honor an illegal strike
unilaterally called by union leaders without taking a
union membership vote as expressly required by the
union constitution?

2. Does federal labor law, under the doctrine of
preemption, entitle a labor union and its leaders to a
summary judgment in a state libel action brought against
them for printing and distributing blacklists to potential
employers on a world-wide basis accusing its union
members of being trade union “scabs” — solely because
these workers ended a strike, which they had previously
honored, and returned to work only after their local
union president directed them to do so?

ll

LIST OF PARTIES

There are a large number of parties to this action.
Due to space limitations, their names do not appear in the
caption of the case appearing on the preceding cover
page. Accordingly, a list of all such parties to the proceed-
ing in the court below [the Eleventh Circuit Court of
Appeals] whose judgment is the subject of this petition is
contained in Appendix D.

TABLE OF CONTENTS

Page

SUPE UR SEY WUMMIUW EERE 65 cccccscanesdaccosacenes i

RE ee eee eT eee eee eee ee Tee ii

SS Bae eS er ire iii

EE WP EPG soko ks seen de teesecceewases Vv

TABLE OF AUTHORITIES ..............2220esceee. vi

EY I od occ bcos sede daasncatsvancere 1

i cli echne seks acneakhentnadeendavadas 1

STATUTORY PROVISIONS INVOLVED............. 2

STATEMENT OF THE CASE............ccccececeess 2
A. Proceedings in District Court and Eleventh Cir-

cuit Court of Appeals ..........-..-.--+++++5:. 2

1. Basis for Federal Jurisdiction............... 2

2. The mature Of Che action .............cceees 2

3. Disposition of libel claim.................. 4

B. Statement of the Evidence in the Record....... 5

1. IAM sympathy strike and its immediate after-
Aer er err rT rere rere 6

2. Eastern ALPA union meeting and immediate
EES eee re eee ee er ee 7

3. World-wide publication of “scab” blacklist.. 9

4. Division of Eastern ALPA union membership
over IAM sympathy strike ................. 10

iv

TABLE OF CONTENTS - Continued

REASONS FOR GRANTING THE PETITION ...... F
A. FEDERAL LABOR LAW DOES NOT ENTITLE A

LABOR UNION AND ITS LEADERS TO A SUM-
MARY JUDGMENT IN A STATE LIBEL ACTION
BROUGHT AGAINST THEM FOR PUBLISHING
50,000 BLACKLISTS TO POTENTIAL
EMPLOYERS ON A WORLD-WIDE BASIS
ACCUSING ITS UNION MEMBERS AND
OTHERS OF BEING TRADE UNION “SCABS” -
WHERE, AS HERE, THESE WORKERS
REFUSED TO HONOR AN ILLEGAL STRIKE
UNILATERALLY CALLED BY UNION
LEADERS WITHOUT TAKING A UNION MEM-
BERSHIP VOTE AS EXPRESSLY REQUIRED BY
THE UNION CONSTITUTION.................

1. Importance of the issue decided ...........
2. Prior Supreme Court precedent............
3. ALPA’s IAM Sympathy Strike was illegal ..
4. “Actual Malice” standard satisfied .........

FEDERAL LABOR LAW DOES NOT ENTITLE A
LABOR UNION AND ITS LEADERS TO A SUM-
MARY JUDGMENT IN A STATE LIBEL ACTION
BROUGHT AGAINST THEM FOR PUBLISHING
50,000 BLACKLISTS TO POTENTIAL
EMPLOYERS ON A WORLD-WIDE BASIS
ACCUSING ITS UNION MEMBERS OF BEING
TRADE UNION “SCABS” - WHERE, AS HERE,
THESE UNION MEMBERS HONORED A PREVI-
OUSLY-CALLED ILLEGAL UNION STRIKE,
AND LATER RETURNED TO WORK ONLY
WHEN THEIR LOCAL UNION PRESIDENT
DIRECTED THEM TO DO SO 2... .cccsccccess

CRU EE +k bn dx sch ds hus vbbiaeavaecae paeekens

11
11
17
21
24

Vv

TABLE OF CONTENTS - Continued

INDEX TO APPENDICES

APPENDIX
APPENDIX

APPENDIX

APPENDIX
APPENDIX

APPENDIX

APPENDIX
APPENDIX

APPENDIX
APPENDIX

APPENDIX

A
B

Page
11th Circuit opinion.......... App. 1
USDC Order Granting Summary
Judgment ........---.e+seeeee App. 61
Denial of Rehearing - 11th
CU: vc kaaaksnvngusaiasso sence App. 92
List of all parties ..........-- App. 94
ALPA Union Charges against
Jack Bavis ...........--ssee: App. 101
ALPA’s Point-to-Point publica-
Mia cc kien ween cenneayseerees App. 105
ALPA’s Blacklist .......------ App. 107
Excerpts from ALPA’s 11th Cir.
PPE Pere App. 169
ALPA’s “Black Sunday” letter.. App. 174
Petitioners’ Third Amended
Complaint ........---+++++++: App. 180
Excerpts from Petitioners’ 11th
Cir. Reply Brief......-....--- App. 222

vi
TABLE OF AUTHORITIES
Page

CASES

Dow v. United Brotherhood of Carpenters and
Joiners of America, 1 F.3d 56, 58*(1st Cir. 1993) .... 23

Eastman Kodak Co. v. Image Tech. Serv., Inc., 504

US. Gi, 46m. OF Ciek isn scecsesar eee 5
Harte-Hanks Communications, Inc. v. Con-

naugmton, 491 U.S. G57 CIBC) coc cscncscrscncscens 27
Linn v. United Plant Guard Workers of America,

Local 334, S33 US. Sd CHGee 6c keesaccassuceus 18, 20
New York Times Co. v. Sullivan, 376 U.S. 254

(29GE) oon sc cacscccssdceeuaseeuseneseeee 18

Old Dominien Branch No. 496, Nat’l Ass’n of
Letter Carriers v. Austin, 418 U.S. 264 (1974)...19, 20

St. Amant v. Thompson, 390 U.S. 727 (1968)......... 25

Vandenburg v. Newsweek, Inc., 441 F.2d 378 (5th
Che. OFS) 6. oossscnednicennducun eens eee 27

STATUTE AND RULES -

The Railway Labor Act, 45 U.S.C. §§ 151 et seq....... 2
28 USL. & T2068 OF) 5 osenkccisieyencenneseeeeeee 1
28 USA.. § 18h ics ocnnccctuscunese eee 2
28 USA... & ROGRMD 60s scans ddnseasssceragees eee 2
Rute 10(c), US. Sept. Bs. «os vseecuseeseueeeune 12
Rele 13.1, 133, US. Sa Be ss 6s cc ew deceunaeee 1

REG Cie. SOR. «0 o0ncvavvnneaunaeeees ane 1

TABLE OF AUTHORITIES - Continued

Page
I Se eg oO oe aa eae 1
Federal Rules of Civil Procedure, Rule 54(b)......... 5
OTHERS .
ALPA Administrative Manual, Part 4, Section D..... 23
Ast. 1, Sec. 25, ALFA COmettetiom ....ccsccccccscces 21
Art. IV, Sec. 2B, ALPA Constitution................. 21

Webster’s Third International Dictionary 2022
SNES oS Sevdeuhsocesnes dueuabaveneshapenueaswian 15

&
3

OPINIONS BELOW

The 2-1 majority opinion of the Eleventh Circuit
Court of Appeals (Tjoflat, J. dissenting) [App. A, 1-59.]} is
reported at 193 F.3d 1185 (11th Cir. 1999). The opinion of
the United States District Court for the Southern District
of Florida [App. B, 62-91] is unreported.

¢

JURISDICTION

On October 25, 1999, the Eleventh Circuit Court of
Appeals entered its judgment in this case. [App. A, 60].
On November 12, 1999, within 21 days after the entry of
this judgment, the petitioners filed a timely motion for
rehearing en banc [see 11th Cir.R. 35-2] — which under
11th Cir.R. 35-6 is also “treated as a petition for rehearing
before the original panel.” On December 17, 1999, the
Eleventh Circuit Court of Appeals denied this motion
both as a motion for rehearing and as a motion for
rehearing en banc. [App. C, 92-93]. Within 90 days there-
after, this timely petition for a writ of certiorari was filed
in this Court [Rule 13.1, 13.3, U.S. Sup.Ct. Rules], seeking
review of the Eleventh Circuit Court of Appeals’ judg-
ment pursuant to 28 U.S.C. § 1254(1).

¢

1 The symbol “App.” refers to the appendix in this cause.

STATUTORY PROVISIONS INVOLVED

The Railway Labor Act, 45 U.S.C. §§ 151 et seq. is
generally involved in this case.

+

STATEMENT OF THE CASE

A. Proceedings in District Court and Eleventh Circuit
Court of Appeals

1. Basis for federal jurisdiction

This state libel action, arising out of a labor dispute,
was Originally brought by the petitioners in the Circuit
Court for the Eleventh Judicial Circuit in and for Miami-
Dade County, Florida. The respondents Airline Pilots
Association [ALPA] and their leaders thereafter removed
this cause to the United States District Court for the
Southern District of Florida pursuant to 28 U.S.C.
§ 1441(a), and then successfully resisted petitioners’
motion to remand the action back to state court. The
asserted basis for federal jurisdiction is that this is an
action “arising under the... laws .. . of the United
States” -— thereby giving the District Court original juris-
diction in the case under 28 U.S.C. § 1331 — because the
action may be preempted under the Railway Labor Act.

2. The nature of the action

This state libel action arises out of the ill-fated Inter-
national Association of Machinists [IAM] strike (1989-91)
at Eastern Airlines that eventually drove Eastern out of

business in January 1991. From March 1, 1989 to Novem-
ber 22, 1989, the respondent ALPA’s local union leader-
ship at Eastern ordered its members to go out on strike
without taking a union membership vote — we say ille-
gally - in sympathy with the IAM strike. Many of the
petitioners defied this strike from the outset or shortly
thereafter. About five months into the strike, on August 6,
1989, the respondents held a local union meeting of all
the Eastern pilots —- at which time the local ALPA union
president at Eastern ordered the striking pilots to return
to work, and over 250 of the petitioners complied.

The gravamen of the libel action is that after Eastern
ceased operations, the respondents ALPA and its leaders,
with New York Times “actual malice,” printed and distrib-
uted 50,000 copies of a blacklist to all major commercial
airlines on a world-wide basis falsely accusing 2,242 East-
ern pilots [over 40% of the Eastern ALPA union member-
ship and all the petitioners] of being trade union “scabs”
in the IAM sympathy strike. The petitioners contend that
this libelous, world-wide blacklist destroyed their careers
as commercial airline pilots.

The petitioners are a group of 413 airline pilots who
formerly worked for Eastern and were represented by
ALPA. They filed a complaint, later amended, for libel2
under Florida law against the respondents ALPA and its

2 Claims were also filed for intentional interference with
business relationships, and breach of the duty of fair
representation. These claims, however, were either dismissed or
resulted in the entry of an adverse summary judgment and form
no part of the instant petition for a writ of certiorari.

union leaders. [3d Amended Compl] [App. K]. In their
complaint, the petitioners divided themselves into three
groups depending on when they crossed the IAM/ALPA
picket lines during this labor dispute. The Group I peti-
tioners crossed the subject picket lines after August 6,
1989, when they were toid to do so by their local union
president at Eastern, Jack Bavis.4 The Group II petitioners
crossed the subject picket lines at various times between
March 4, 1989 and August 6, 1989, while the Group III
petitioners never honored the subject picket lines.

3. Disposition of libel claim

Upon proper motion, the United States District Court
for the Southern District of Florida (Judge Edward Davis)
entered a summary judgment for the respondents on the
libel claim - on the ground that the claim was preempted

3 These leaders were: Henry Duffy, the president of ALPA
from January 1, 1983 to December 31, 1990; Randolph Babbit,
Executive Administrator of ALPA during Duffy’s term and
president of ALPA since January 1, 1991; C.H. Copeland,
Chairman of the Eastern MEC of ALPA from September 1989 to
December 31, 1994; and J. Breen, Lewis Baldwin and Gregg
Petachenko, members of the Eastern MEC’s Strike Committee.
[Sum.Judg. Order] [App. B, 64].

4 For simplicity sake, Jack Bavis is referred to throughout
this petition as the “local union president.” By this, we mean
that Bavis was the Chairman of the Master Executive Council of
ALPA at Eastern Airlines, and was the highest ALPA official at
Eastern Airlines, save for the national ALPA president. Stated
differently, he was, in effect, in charge of all ALPA pilots who
flew for Eastern.

by the Railway Labor Act. In particular, the District Court
concluded that as a matter of law (1) the “scab” accusa-
tion was true, and (2) even if false, it was not uttered with
“actual malice.” [Sum.Judg. Order]. [App. B, 80-87]. The
petitioners filed a timely appeal to the United States
Court of Appeals for the Eleventh Circuit from a subse-
quently-entered certified final judgment under Rule 54(b)
of the Federal Rules of Civil Procedure. The Eleventh
Circuit Court of Appeals affirmed based on the same
grounds relied on by the District Court. [Maj.Op.]5 [App.
A, 9-30]. This petition for a writ of certiorari follows.

B. Statement of the Evidence in the Record

Both the majority and dissenting opinions in the
Eleventh Circuit’s decision below [together with the
record before the Eleventh Circuit] reveal the following
record evidence viewed in a light most favorable to the
petitioners — the appellate standard for reviewing a sum-
mary judgment.®

5 The symbol “Maj.Op.” refers to the majority opinion of
the Eleventh Circuit Court of Appeals in this cause.

¢ The Eleventh Circuit below correctly states that the
standard of review for a summary judgment, as here, is de novo
in which the appellate court reviews “all [record] evidence and
all factual inferences therefrom in the light most favorable to the
non-moving party” — the petitioners herein. [Maj.Op.] [App. A,
7); see e.g. Eastman Kodak Co. v. Image Tech. Serv., Inc., 504 U.S.
451, 465 n. 10 (1992).

1. IAM sympathy strike and its immediate after-
math

On March 1, 1989, the Eastern Master Executive
Council [MEC] - the local union leadership of ALPA at
Eastern Airlines — ordered the 3400 ALPA membership at
Eastern Airlines to go out on strike in sympathy with a
simultaneous strike called by the IAM that eventually
drove Eastern out of business. [Maj.Op.] [App. A, 2-3].
The strike was called without taking a union membership
vote [Maj.Op.] [A, 15]; [Dissent]? [App. A, 42] - despite
union constitutional provisions expressly requiring a
union membership vote by secret ballot as a precondition
to calling a strike.®

The Group II and Group III petitioners in this action
‘— Eastern ALPA members and new-hires — did not honor
this strike and went to work at Eastern. [Maj.Op.] [App.
A, 26 n. 18]. Eastern MEC officials placed these pilots
[among others] on a “scab” blacklist - as they did anyone

7 The symbol “Dissent” refers to Judge Tjoflat’s dissenting
opinion to the Eleventh Judicial Circuit’s decision in this cause.

8 “When a suspension or withdrawal of service [i.e. a strike] is
called for in compliance with the requirements of the Constitution and
By-Laws or the Policy Manual, the members will be balloted before
such action may be taken. Association general balloting procedures
will be used.” Art. I, Sec. 25, ALPA Constitution. (emphasis and
brackets added). “The approval by a majority vote of the Master
Executive Council with the advice of the President [of ALPA]Jon
an airline is mandatory before a strike vote of the members of an
airline may be taken. This membership strike vote shall be by secret
ballot... .A simple majority of valid ballots returned shall govern.”
Art. IV, Sec. 2B, ALPA Constitution. (emphasis and brackets
added). [Maj.Op.] [App. A, 18 n. 12].

who returned to work at Eastern prior to November 22,
1989. [Maj.Op.] [App. A, 3-4, 5].

The strike provoked a great deal of internal union
membership disagreement about whether the strike
should continue. [Maj.Op. 4] [App. A, 4]. Consequently,
the Eastern MEC called a union meeting to discuss the
matter. [Maj.Op.] [App. A, 4].

2. Eastern ALPA union meeting and immediate
aftermath

On August 6, 1989 this meeting was conducted.
[Maj.Op.] [App. A, 4]. At the meeting, the Chairman of
the Eastern MEC Jack Bavis — the equivalent of the local
union president at Eastern - officially instructed the strik-
ing Eastern pilots to go back to work. [Maj.Op.] [App. A,
28]. Under the Eastern Airlines Pilots Manual issued to

9 The Eleventh Circuit correctly concludes there is a jury
issue as to whether this event happened because 17 of the
petitioners filed affidavits opposing summary judgment in the
District Court stating that Bavis instructed them to return to
work at the August 6, 1989 meeting. [Maj.Op.] [App. A, 28]. In
addition, on November 22, 1989, the Eastern MEC of ALPA later
brought union charges against Bavis for officially advising the
striking Eastern pilots, at this union meeting, to return to work
to save their jobs - a damning piece of evidence to say the least.
[Dissent] [App. A, 54]. These charges are outlined in a January
3, 1990 letter sent by the respondent Charles Copeiand to the
Chairman of the ALPA Hearing Board. [App. E, 101-04).

Distressingly, the Eleventh Circuit in its opinion distorts the
contents of what it claims to be a single unofficial audiotape
taken by one of the pilots at the meeting. [Maj.Op.] [App. A, 27].
Actually, the quotes appearing in the opinion come from five -

every Eastern pilot, a strike action could be terminated
only at the direction of the MEC chairman.!° Moreover, at
this same meeting “ALPA National officials [also] advised
the Eastern pilots to go back to work.” [Def. Randolph
Babbit article in Dec. 1992 ALPA official newsletter]
[App. F, 105] [Dissent] [App. A, 54]. The individual
respondents in this action were all present at this meet-
ing. [Dissent] [App. A, 55, 56].

With the express knowledge of the individual
respondents, on August 7, 1989 and the days that imme-
diately followed, over 450 striking Eastern pilots returned
to work at Eastern — including all the Group I petitioners
[Sum.Judg.Order] [App. B, 70] [App. I, 175, 178] - we say
in obvious compliance with Jack Bavis’ directive. Eastern
MEC officials placed these pilots on their “scab” blacklist

not one — incomplete, partially-garbled, unofficial audiotapes
taken by various pilots that the Court has strung together as if
they came from one continuous transcript — none of which was
remotely a “preface” to Bavis’ statements at the meeting. It is
unnecessary, however, at this point to correct the many errors
that appear in the Circuit Court’s recitation of these garbled,
fragmented transcripts — in view of the Court’s conclusion that
there is some evidence that Bavis told the union members to go
back to work at the August 6, 1989 union meeting. Nonetheless,
suffice it to say that all these unfortunate errors were discussed
at length in the petitioners’ reply brief [App. K, 223-225] in the
Eleventh Circuit as an answer to the respondents’ inaccurate
record representations to the contrary — representations that the
Circuit Court regrettably adopted.

10 “PLEASE KEEP IN MIND: A STRIKE ACTION WILL NOT
BE CALLED OFF OR TERMINATED EXCEPT BY DIRECTION
OF THE MEC CHAIRMAN.” (capitals and underscoring in
original) [Dissent] [App. A, 53].

%
4
4
:
Nevertheless, such
an inquiry may be required in light of my earlier conclu-
sions that the scab allegation is false and that there is a
genuine issue of material fact as to actual malice. This
case, therefore, should properly be remanded for further
proceedings on this issue. I take no position on whether
there is a genuine issue of material fact regarding injury.

Il.

In conclusion, the appellants have established, as a
matter of law, that the 1989 Eastern Airlines strike was

25 Of course, certain evidence of injury is probative as to
all appellants - for instance, an affidavit submitted by an
economist which states that, out of the 2241 scab list pilots, only
three found subsequent employment with a major commercial
airline, whereas out of the 1146 non-listed pilots, 136 were able
to find such employment. In addition, the appellants’
allegations of injury are supported by the fact that the whole
purpose of publishing a scab list is to cause injury. The
possibility of being labeled a “scab” can encourage workers to
participate in a strike only if the label harms the workers in
some way. Cf. supra note 11 (noting that ALPA resolved to
publish a list of strike-breaking pilots at the conclusion of the
strike, presumably as a means of preventing defections). This is
further confirmed in the present case by correspondence
between ALPA and union members who were working during
the strike, which includes claims like, “[a] scab who doesn’t
change his mind in time finds it very difficult to find a job with
other carriers. It’s not just other pilots who don’t want to work
with scabs. Even managements [sic] recognize that someone
who doesn’t understand loyalty does not make a reliable
employee”; and “[i]f you crossed [the IAM picket lines] for a
job, the job isn’t going to last, and the next one could be hard to
find.”

App. 59

illegally called and therefore ALPA’s scab allegation was
false. They have presented sufficient evidence to create a
jury issue as to whether the allegation was made with
actual malice because ALPA knew (or acted with reckless
disregard as to whether) the strike was illegal. Even if the
jury answered that question in the negative — in other
words, if a jury found for ALPA on the issue of malice -
the Group I pilots would nevertheless have a claim for
libel. A jury could find that (1) Captain Jack Bavis termi-
nated the strike on August 6, 1989, and (2) ALPA pub-
lished the scab list knowing this, or with reckless
disregard as to whether the strike was so terminated. |
take no position on the third element of the appellants’
claim, injury.

For the foregoing reasons, I respectfully dissent.

App. 60

United States Court of Appeals
For the Eleventh Circuit

No. 97-5587

District Court Docket No. 91-2679-CV

LARRY DUNN, TOM
DUCKWORTH, et al.,

Plaintiffs-Counter-defendants-Appellants,

versus

AIR LINE PILOTS ASSOCIATION,
HENRY DUFFY, et al.,

Defendants-Counter-claimants-Appellees.

Appeals from the United States District Court
for the Southern District of Florida

Before TJOFLAT, DUBINA and HULL, Circuit Judges.

JUDGMENT
(Filed Oct. 25, 1999)
These causes came to be heard on the transcript of

the record from the United States District Court for the
Southern District of Florida, and were argued by counsel;

UPON CONSIDERATION WHEREOF, it is now

- hereby ordered and adjudged by this Court that the judg-
ment of the said District Court in these causes be and the

same is hereby AFFIRMED;

aE

App. 61

It is further ordered that plaintiffs-counter-defen-
dant-appellants and plaintiffs-appellants pay to defen-
dants-counter-claimants-appellees, the costs on appeal to
be taxed by the Clerk of this Court.

TJOFLAT, Circuit Judge, concurred in part and dissented
in part and filed an opinion.

Entered: October 25, 1999
For the Court: Thomas K. Kahn, Clerk

By: /s/ Matt Davidson
Deputy Clerk
ISSUED AS MANDATE: JAN 07 2000

App. 62

APPENDIX B

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

LARRY DUNN, et al., CASE NO. 91-2679-
Plaintiffs CIV-DAVIS
MAGISTRATE
. JUDGE TURNOFF

AIR LINE PILOTS ASSOCIATION,
HENRY DUFFY, RANDOLPH BABBIT,
C. H. COPELAND, EDWARD BREEN,
LEWIS BALDWIN, and GREGG
PETACHENKO,

Defendants.

(Filed July 28, 1997)

ORDER

BEFORE THE COURT are the Motions for Summary
Judgment of (1) Defendants Air Line Pilots Association,
Duffy, and Babbitt (filed April 12, 1996) and (2) Defen-
dants Copeland, Breen, Baldwin, and Petachenko (filed
April 22, 1996).! Plaintiffs, former flight deck operating
crew members for Eastern Air Lines (“Eastern”), sue their
union — the Air Line Pilots Association (“ALPA”) -— and
various union officials. As a result of strike activity and

1 The two summary judgment motions raise nearly
identical arguments, and the second motion for summary
judgment incorporates the first by reference. This opinion uses
the motion of Defendant ALPA, Duffy and Babbitt (“Motion”) as
a reference point.

App. 63

on-going labor disputes, Plaintiffs allege that (1) Defen-
dants defamed them by publishing and distributing a
blacklist designating Plaintiffs as “scabs” (Counts I and
II), and (2) Defendant ALPA breached its duty of fair
representation (Count III).2 Defendants moved for sum-
mary judgment on all counts. After carefully considering
the parties’ motions and exhibits, and hearing oral argu-
ment, the Court will GRANT Defendants’ Motions for
Summary Judgment.

I. FACTUAL BACKGROUND
A. The Parties

Plaintiffs, former Eastern pilots and ALPA members,
divide themselves into three groups, based on when each
§roup crossed a strike picket line. Plaintiffs in Group I
crossed the picket line after August 6 and 7, 1989, when
ALPA officers allegedly instructed them to do so. Com-
plaint { 20. Plaintiffs in Group II crossed the picket line
between March 4, 1989 and August 6, 1989. Id. The Group
III Plaintiffs did not honor the picket line at any time. Id.

Defendant ALPA is a national labor organization that
represents pilots at over thirty airlines. Rosen Decl. { 2.

* ALPA has asserted counterclaims against certain
Plaintiffs based on their alleged failure to 1) pay strike fines and
2) repay loans extended by the Union during the sympathy
Strike. ALPA, however, has volunteered to defer the trial of its
counterclaims until after this Court determines Plaintiffs’ claims
for liability. Furthermore, ALPA States that it will not pursue its
counterclaims if 1) this court grants summary judgment in its
favor and 2) the Eleventh Circuit affirms this decision. ALPA
Motion at 5 n.2.

App. 64

As a unitafy labor organization, ALPA has a single Con-
stitution and By-Laws governing all subordinate bodies
and members. Id. At all relevant times, ALPA National
was governed by a Board of Directors, an Executive
Board, and an Executive Committee, in descending order
of authority. Rosen Decl. { 2. ALPA National acts as an
umbrella entity supporting elected Master Executive
Councils (“MECs”) at each ALPA airline. The MECs are
coordinating councils which are responsible for repre-
senting the pilots at an airline. Rosen Decl. { 6. Under
ALPA’s Constitution and By-Laws, unless otherwise spec-
ified, each MEC is empowered to make the final decision
regarding any problem or concern the members at that
airline may have. Id. The pilot representatives on each
MEC are democratically elected by the ALPA member-
ship assigned to each pilot base; these representatives
form an ALPA Local Executive Council (“LEC”). Rosen
Decl. { 7. Each MEC is responsible for making ALPA
policy for the pilots employed by their airline. Id.

Defendant Henry A. Duffy was president of ALPA
from January 1, 1983 until December 31, 1990. Duffy Dep.
at 4-5. Defendant E. Randolph Babbit served as Executive
Administrator during Duffy’s term and has served as
president of ALPA since January 1, 1991. Babbit Dep. at
4-5. Defendant C. H. Copeland served as Chairman of the
Eastern MEC from September 1989 until December 31,
1991. Copeland Dep. at 6. The remaining Defendants -
Edward J. Breen, Lewis Baldwin, and Gregg Petachenko -—
were members of the Eastern MEC’s Strike Committee
during the ALPA sympathy strike. Breen Dep. at 7;
Petachenko Dep. at 6; Baldwin Dep. at 6.

App. 65

B. Factual Background to Counts I and II

In 1988 and early 1989, Eastern and the International
Association of Machinists (“IAM”)3 unsuccessfully
attempted to negotiate a new labor contract through col-
lective bargaining. ALPA Motion at 12. The National
Mediation Board (“NMB”) declared an impasse and set a
strike deadline date of March 4, 1989. The-ALPA Eastern
MEC had to decide whether to direct Eastern Pilots to
honor or cross IAM Picket lines in the event of an IAM
strike.4

At a February 13, 1989 meeting, the Eastern MEC
adopted two formal resolutions. One declared the MEC’s
intention to direct pilots to honor IAM picket lines should

3 The IAM is a labor organization that represented Eastern
mechanics and ramp service employees.

* Because the Parties dispute the procedures necessary to
conduct a strike under these circumstances, it is important to

Carrier involved.” Rosen Decl. | 11 & Exh. 2 at 10. Second, in a
section titled “strike benefit policies,” the manual states “When
the members of an ALPA pilot group have elected to withdraw
their services, the Constitution and By-Laws... provide a
means by which assessments may be levied... .” Rosen Decl.
Exh. 2 at 5. Finally, Article IV of the ALPA Constitution states
that MEC approval is mandatory before a Strike vote of the
membership is taken, and that a strike vote must be by secret
ballot. Rosen Decl. Exh. 1 at 22.

App. 66

a strike occur,> and the other directed MEC officers to
survey the membership to measure pilot support for a
sympathy strike. On February 16, 1989, MEC Chairman
Jack Bavis wrote the Eastern pilots a letter and enclosed
the two MEC resolutions. He stated that the MEC had
resolved to ballot the pilot group “to determine its feeling
in terms of honoring an IAM picket line.” Bavis Dep. Exh.
2.

On February 17, 1989, ALPA sent each Eastern pilot a
letter and a Ballot Poll card. Bavis Dep. Exh. 3. The letter
urged each pilot to make an informed decision and noted
that the MEC was very sensitive to the results of the
collective ballots. Id. The Ballot Poll cards directed each
pilot to choose one of three alternatives: “1) I would
honor an IAM picket line at EAL; 2) I would not honor an
IAM picket line at EAL; 3) My elected MEC representa-
tives are best qualified to make this decision, if and when
an IAM strike occurs, and I will abide by their decision.”
Bavis Dep. Exh. 4. The ballots indicated a return date of
March 1, 1989. Id.

5 The resolution read as follows:

BE IT FURTHER RESOLVED that it is in the best
interest of the EAL pilot group to respect the picket
lines of other EAL employees, and

BE IT FURTHER RESOLVED that the Master
Chairman is directed to communicate to the pilot
group in the most expedient and thorough fashion the
resolve of this MEC to extend maximum support to
our fellow employees as we all confront the wanton
and senseless destruction of our airline.

Bavis Dep. Exh. 1.

App. 67

On March 1, the Eastern MEC met again. and
reviewed the results of the pilot survey.6 On March 3,
1989, the MEC unanimously adopted a resolution direct-

ing all pilots to engage in a sympathy strike in the event
of an IAM strike. Donovan Dep. Exh. 311; Rosen Decl.
{ 16. The resolution read as follows:

WHEREAS, it is our established legal right and

‘traditional right as a labor Organization to
respect the picket lines of another labor organi-
zation,

THEREFORE BE IT RESOLVED that all Eastern
Air Lines pilots shall honor the International
Association of Machinists Picket lines and shall
refuse to cross Picket lines and that all pilots
shall refrain from Performing any work for EAL
during the strike.

BE IT FURTHER RESOLVED that no Eastern
Pilot shall return to work until a Proper “back to
work” agreement-has been agreed to between
the Association and the Company.

BE IT FURTHER RESOLVED that the timing for
the implementation of this resolution shall coin-
cide with the declaration of a Strike by the IAM.

Donovan Dep. Exh. 311. President Duffy concurred in the
MEC’s decision. Rosen Decl. J 16. On March 4, 1989, the
IAM went on strike at Eastern, and ALPA commenced its
Sympathy strike. Rosen Decl. { 16.

» According to ALPA, 75% of the pilots who returned the
poll cards voted either in favor of the strike or stated that their
MEC representative was best qualified to decide. Motion at 16.

App. 68

On March 9, 1989, Eastern filed for bankruptcy pro-
tection under 11 U.S.C. § 1101 et seg. Roberts Decl. { 14.
Eastern attempted to lure striking pilots to cross the
picket lines by promising any pilot who did that he
would receive promotions to higher paying positions and
displace strikers from their pre-strike positions. Roberts
Decl. § 15.

In Response, on March 29, 1989, the Eastern MEC
unanimously resolved to “publish a finalized list of
strike-breaking pilots at the conclusion of the ALPA sym-—
pathy strike” and to “bring Article VIII charges against
all strike-breakers in accordance with ALPA Constitution
and By-Laws.” Donovan Dep. Exh. 312; Roberts Decl.
{ 17. Plaintiffs Donovan and Farrell attended this meet-
ing and voted to publish a final list of strike-breaking
pilots. Donovan Dep. Exh. 312. The MEC required veri-
fications from two sources that a pilot had returned or
offered to return to work before including him in the list
of “scabs.” Baldwin Dep. at 99-100; Breen Dep. at 85-86.
Some pilots challenged the inclusion of their names on
this list and their names were subsequently removed.
Baldwin Dep. at 100.

The Eastern MEC strike operations committee and
striking pilots repeatedly advised working pilots that the
union regarded them as “scabs” and that they should
return to the picket line or advise the union if they had
been erroneously listed as scabs.”

ae

7 See, e.g., Bavis Dep. Exh. 6 (April 3, 1989 letter from MEC
Chairman Bavis to Eastern pilots alleged to have been working
for Eastern, stating, “it has been alleged that you have been
flying for the company ... The complete list of those few pilots

App. 69

Despite the strike’s early success, Eastern managed
to resume operations by employing Eastern pilots who
crossed picket lines and by hiring pilots during the strike
as permanent replacements. Roberts Decl. 1 18. By
August 7, 1989, the Eastern MEC estimated that 336 pilots
had returned to work for Eastern and that the company
had hired 831 new trainees. Roberts Dec]. { 18 & Exh. 11.
Between March and August 1989, Eastern succeeded in
reducing its pilot staffing requirements by transferring
assets and operations to other carriers and reducing its
routes. Roberts Decl. | 19.

During that same period, the Eastern pilot group
began an internal debate over whether to continue the
Sympathy strike. Roberts Decl. 1 20. The Eastern MEC
placed the future of the strike on the agenda for its
August 1, 1989 meeting, while emphasizing the impor-
tance of a unified course. Roberts Decl. Exh. 17 (“the
MEC will hear updates on all activities and events affect-
ing our sympathy strike and give direction about our
future course” and “the most important thing is that,
whatever we do, we do it together”). On July 31, 1989, the
MEC strike operations committee report reminded all
pilots that “[a] pilot becomes [a] scab at [the] moment he

who crossed the picket line will be made Public to the pilot
group in the next few days. Prior to that, however, I want to give
you an opportunity to refute the allegation against you if you
believe it to be untrue. If you feel an error has been made in
listing you as a pilot who has flown for the company, please set the
record straight and call the MEC Office... immediately”); Breen
Dep. Exh. 262 (Mailgram sent to Scabs on June 6, 1989 Stating,
“by scabbing, you are betraying tens of thousands of people
who are fighting for their livelihood and their dignity”).

NS ES ;:é~S

App. 70

signs to go back to work for Lorenzo.” Breen Dep. Exh.
266. The MEC convened in Washington, D.C., from
August 1 through August 5, 1989, and resolved unani-
mously to “hold the line with the intent of holding local
council meetings,” poll the membership, and reconvene.
Donovan Dep. Exh. 318; Milanette Dep. Exh. 289.

On August 5, 1989, the strike operations committee
advised all Eastern communication centers that the MEC
had unanimously voted to continue striking, and that
local meetings would be held to examine alternatives
with membership input. Roberts Decl. Exh. 21.

The local council meetings, held at each pilot base
from August 6-9, 1989, revealed that a majority of pilots
favored continuing the strike. Roberts Decl. { 24; Breen
Dep. at 126. The first local council meeting, which was
audio-broadcast to other cities, was held in Miami on
August 6. MEC Chairman Jack Bavis and other ALPA
officials at the meeting voiced their opinion that the
strike should end and that the pilots should return to
work to save their jobs. Response Exh. 18-20; Bavis Dep.
at 99. The pilots voiced different positions during this
emotional meeting. Plaintiffs Exh. 19. At the conclusion of
the meeting, however, the majority of Miami-based pilots
voted to continue the strike. Bavis Dep. at 132; Donovan
Dep. Exh. 319. Around August 7, 1989, the Group I Plain-
tiffs crossed the picket lines at various Eastern locations
and returned to work. Duffy Dep. at 63-64; Roberts Decl.
{ 27.

On August 11, 1989, after the Eastern MEC had
reconvened in Washington, D.C., and reviewed the
results of the local council meetings, the MEC decided to

App. 71

continue the pilot sympathy strike. Roberts Decl. J 26. On
that day, President Duffy wrote to all ALPA pilots:

As we enter the 160th day of the Eastern strike,
there are a number of developments. . . .

Over the past week, your national officers have
been in a continuing series of meetings and
consultations with the Eastern MEC. . . . In that
Same time frame, the Eastern pilots have
reviewed their options and voted Over-
whelmingly not to return to work without a
Structured settlement of the sympathy strike.

As you well know, I have given ALPA’s full
Support for the Eastern pilots since the begin-
ning of the strike, and I have pledged to con-
tinue to do so.

Roberts Decl. Exh. 30. The MEC’s decision to continue the
Strike was widely disseminated to the pilot group.
Roberts Decl. | 26 & Exh. 39-42; Petachenko Dep. at
126-129. The striking pilots continued to maintain picket
lines. Petachenko Dep. at 126-129; Roberts Decl. { 27.

Also on August 11, Eastern announced that it had
acquired enough crossover pilots (those who had aban-
doned the pilot sympathy strike) and new hires to staff its
operations. Roberts Decl. ¥ 28. Eastern also commenced
litigation in this Court on August 11, to establish that its
new hire trainees were permanent replacements under
the Railway Labor Act. See Eastern Air Lines, Inc. v. Air
Line Pilots Ass'n, Int'l, 744 F. Supp. 1140, 1441 (S.D. Fla.);
aff'd, 920 F.2d 722 (11th Cir. 1990).

Following these events, a number of additional
Group I Plaintiffs crossed the picket lines in order to
obtain reinstatement rights ahead of the remaining pilots.

App. 72

See, e.g., Exh. 379 at 5 (pilot O’Neill’s letter to ALPA
Hearing Board stating, “in October 2 I decided to go back
to work, I could not be part of or follow my MEC’s
directive . . . 1 sign [sic] the recall list gambling the
opportunity to be recalled or not”); Linsey Decl. Exh. 4 at
23-24 (pilot Crawford acknowledges he crossed the pilot
picket line from August 11 through November 22, 1989).

Between May 1989 and September 1990, the Eastern
MEC pursued internal union charges under Article VIII
of the ALPA Constitution against pilots who had crossed
picket lines. Dodge Decl. 4 2. ALPA’s Hearing Board
rejected the crossover pilots’ defense that the charges
were without merit because 1) the strike was
unauthorized and 2) MEC Chairman Bavis and others
had advocated a return to work during the August
debate. The hearing board found all but 122 of the 845
charged pilots guilty of improperly crossing ALPA’s
picket lines. Dodge Decl. 4% 4-5. ALPA’s Article VIII
Appeal Board upheld these decisions. Dodge Decl. { 7 &
Exh. D (Appeal Board decision noting “the debate among
ALPA officials in July and August about whether to end
the sympathy strike does not excuse the actions of the
charged parties. . . . Debate and disagreement are a
normal — and essential — part of the democratic decision
making. It is the final decision, and not the debate, which
is binding on the ALPA members, and in this case, the
Eastern pilots and the Eastern MEC voted over-
whelmingly to continue the sympathy strike”).

On November 21, 1989, President Bush vetoed legis-
lation to establish a blue-ribbon panel to investigate the

labor dispute and continuing strikes at Eastern. Babbit
Dep. at 145. On November 22, 1989, the Eastern MEC

wie

ee te ey eee eee Creed

PN Re Res a Phe, ica 9

App. 73

formally voted to end the sympathy strike and to make
an unconditional offer on behalf of all strikers to return to
work. Donovan Dep. Exh. 325; See Eastern v. ALPA, 744 F.
Supp. at 1141. On January 18, 1991, Eastern permanently

ceased its operations and discharged nearly all its pilots.
Rosen Decl. ¥ 18.

ALPA compiled unofficial versions of the scab list
during the strike, adding the names of crossover pilots
and new hires over time. Reply Exh. 4, Whitaker Dep. at
113-14 & Lynn Dep. at 35-37. The list was available to
anyone who wanted it. Id. In early January 1991, ALPA
had 50,000 copies of the scab list printed. Response Exh.
25-28. ALPA encouraged the dissemination of this list to
pilots at other airlines. Response Exh. 28.

Each individual Defendant has testified that he
believed the scab list accurately described the crossover
pilots. Duffy Dep. at 77; Babbit Dep. at 142; Breen Dep. at
141-42; Copeland Dep. at 121-22; Baldwin Dep. at 101;
Petachenko Dep. at 124-25. See also, Babbit Dep. at 11,
32-33 (Babbit testifies he believed the sympathy strike
was authorized under ALPA’s administrative manual).

C. Factual Background to Count III

ALPA and Eastern negotiated contractual labor pro-
tective provisions® (“LPPs”) in the 1986 ALPA-Eastern

* LPPs in the airline industry protect employees adversely
affected by the merger of two carriers. For example, they may
Provide protection of seniority rights through mandatory
integration, pay protection, and relocation allowances. Before

App. 74

collective bargaining agreement. These LPPs were
designed to protect ALPA members in the event of a
merger. Shortly after the parties reached an agreement,
Eastern was acquired by Texas Air.? Eastern then sued
ALPA in an attempt to repudiate the 1986 agreement and
the LPPs.!° The district court rejected Eastern’s claim,
concluding the parties had entered into a valid collective
bargaining agreement. Eastern Air Lines, Inc. v. Air Line
Pilots Ass’n, Int'l, 670 F.Supp. 947 (S.D. Fla. 1987), aff'd,
861 F.2d 1546 (11th Cir. 1988). In addition, the district
court ordered Eastern to submit disputes involving inter-
pretation of the LPPs to arbitration. Id.

ALPA and Eastern then arbitrated their LPP griev-
ance before the ALPA-Eastern System Board of Adjust-
ment. The System Board issued a decision defining the
precise terms of the contractual LPPs. Rosen Decl. { 45.
According to the System Board, the LPPs required pilot
seniority lists to be integrated if a merger had occurred.
See In re Ionosphere Clubs, Inc. v. Air Line Pilots Ass'n, Int'l,
922 F.2d 984, 987 (2d Cir. 1990).

the deregulation of the airline industry in 1978, the government
ordinarily imposed statutory LPPs in airline mergers. Since at
least 1985, however, the Department of Transportation has
refused to impose LPPs. As a result, unions have negotiated
their own merger protections through collective bargaining. See,
Air Line Pilots Ass’n, Int'l v. Dep't of Transp., 838 F.2d 563, 565
(D.C. Cir. 1988).

9 Texas Air was the corporate parent of Continental Air
Lines.

10 In the meantime, ALPA sought to persuade the
government to impose statutory LPPs as a condition of
approving various air line acquisitions. Air Line Pilots Ass‘n,
Int'l v. U.S. Dep't of Transportation, 838 F.2d 563 (D.C. Cir. 1987).

App. 75

ALPA then filed a grievance contending that Texas
Air’s coordination of the previously separate operations
of Eastern and Continental Air Lines (“Continental”) trig-
gered the contractual LPPs, thus requiring Eastern and
Continental to integrate their pilot workforces. Rosen
Decl. | 46. This grievance gave rise to further litigation.
Initially, a bankruptcy court Stayed arbitration with
respect to this grievance.!1 In-re Ionosphere Clubs, Inc., 105
B.R. 765 (Bankr. S.D.N.Y. 1989). On appeal, Eastern was
ordered to submit to arbitration on this issue. See, In re
Ionosphere Clubs, Inc., 114 B.R. 379 (S.D.N.Y. 1990), aff'd in
rel. part, 922 F.2d 984 (2d Cir. 1990), cert. den’d, 502 U.S.
808 (1991).

A prehearing conference before Arbitrator Richard R.

Kasher took place on February 2, 1993. At this time,

Eastern stated that it had agreed to settle with ALPA, and
that Eastern would not contest the LPP proceedings.
Response Exh. 54 at 12-13. During the prehearing confer-
ence, those present discussed whether it would be neces-
sary to compel Continental and certain pilot groups to
Participate in the Proceedings. Response Exh. 54 at 15-22.
ALPA voiced the position that Continental had chosen
not to appear at its own peril. Further, ALPA maintained
that, in a strict legal sense, the interests of the pilot
§roups — not the carrier - were at issue. Id. at 15. Before
concluding the Prehearing conference, Arbitrator Kasher
noted that the parties would try to reconvene for an
arbitration hearing in Washington, D.C., in May 1993. The
arbitration hearing was scheduled for May “at the conve-
nience of the Arbitrator and due to the logistics of pulling

'! Eastern had filed a bankruptcy petition in March 1989.

I SN ct

App. 76

”

together the number of [necessary] documents. . . .
Response Exh. 54 at 28; see also, Linsey Supplemental
Decl. Exh. 1 (March 12, 1993 letter from ALPA’s counsel
to Arbitrator Kasher reiterating ALPA’s concern that the
arbitration commence as soon as possible).

In the meantime, the bankruptcy court overseeing
Continental’s second Chapter 11 reorganization issued
various orders that impacted the Eastern pilots’ LPP
claim. On February 11, 1993, the bankruptcy court con-
cluded that Continental would not be required to inte-
grate Eastern pilots into the Continental pilot seniority
list and that the LPP claim was not entitled to administra-
tive priority. Rosen Decl. Exh. 26 at 4. On April 16, 1993,
the bankruptcy court issued a subsequent order confirm-
ing Continental’s reorganization plan, which perma-
nently enjoined ALPA from submitting the LPP dispute to
arbitration. Rosen Decl. Exh. 27 & 28. ALPA appealed
these orders. On July 29, the bankruptcy court issued an
order permitting Continental to value the Eastern pilots’
LPP claim as a $217 million prepetition general unsecured
claim to be paid in Continental stock. Rosen Decl. { 52 &
Exh. 29. On September 3, the district court denied ALPA’s
emergency motion to stay this order pending appeal.
Rosen Decl. { 52 & Exh. 30.

Plaintiffs contend that ALPA, throughout this period,
had little interest in protecting their rights under the
LPPs because ALPA was actively financing and preparing
a pilot representation campaign at Continental Air Lines.
Response at 35. According to the record, on April 9, 1993,
the NMB authorized a ballot election for the Continental
pilots. See In the Matter of Applications of the Independent
Ass'n of Continental Pilots, 20 N.M.B. 326, 344-45 (April 9,

App. 77

1993). On April 13, ALPA’s Executive Council resolved to
begin a representation campaign among Continental
pilots and authorized a budget for this Purpose. Linsey
Supp. Decl. at Exh. 2. On April 22, ALPA representatives
met with Continental, a competing labor union, and an
NMB representative to obtain voter eligibility lists and
mailing labels for the elections. Response Exh. at 58.

Plaintiffs refer the Court to several communications
that ALPA sent to Continental pilots during the cam-
paign. For example, on May 7, 1993, ALPA distributed a
publication to Continental pilots explaining “the Eastern
LPP case.” Response Exh. 59. The publication explained
that the on-going dispute pertained to Eastern’s contrac-
tual LPPs which had been negotiated in 1986 between
Eastern and ALPA. The publication noted that the LPP
claim was unrelated to ALPA’s “merger policy.”12 Id. Fur-
ther, it traced the history of the LPP dispute and noted
that ALPA was appealing the bankruptcy court’s deci-
sions. Id. Subsequently, on June 18, 1993, ALPA’s Presi-
dent wrote the Continental pilots and informed them that
ALPA would not attempt to obtain seniority positions at
Continental for Eastern pilots through either its merger
policy or collective bargaining. Response Exh. 62. In ref-
erence to the Eastern pilots’ LPP claims, President Babbit
again noted that the pilots’ claim was contractual and
unrelated to ALPA’s merger policy. Id.

12 ALPA’s official merger policies are contained in section
45 of ALPA’s administrative manual. These policies address the
conflicting interests of the pilot groups within ALPA when two
ALPA carriers merge operations. See Rosen Decl. | 22 & Exh. 5.

App. 78

At some point ALPA disseminated literature that
contained a quote by John Gallagher, an attorney for
Continental Air Lines: “The possibility of Eastern Pilots
for Fairness!’ ever becoming Continental pilots is nil.”
Response Exh. 63.

Finally, in July 1993, the Continental pilots voted for
representation by an in-house union rather than ALPA.
Rosen Decl. { 61. ALPA began settlement negotiations
with Continental several months after this election. Rosen
Decl. { 61.

According to ALPA, the bankruptcy court’s adverse
rulings and the anticipated depletion of Continental’s
reserves!4 prompted ALPA to enter into a settlement with
Continental as to all outstanding litigation, including the
LPP claims. Motion at 45. The settlement, ertered on
March 24, 1994, afforded ALPA: 1) a $350 million
unsecured claim to be paid in cash and Continental stock
to eligible Eastern pilots who elected to participate in the
settlement, 2) past privileges for free travel on Continen-
tal Airlines for Eastern pilots not employed by major
carriers, and 3) preferential hiring opportunities at Conti-
nental for up to 225 former Eastern pilots. Rosen Decl.
{ 54 & Exh. 31. According to ALPA, approximately 2,500
pilots (97 of whom are Plaintiffs in this action) chose to

13 At the time, Plaintiffs in this action were identified as
“Eastern Pilots for Fairness.”

14 ALPA asserts it was concerned that Continental’s
reserves for paying disputed claims would be depleted by the
time the LLP dispute was fully adjudicated, as the
reorganization plan permitted Continental to pay these claims
on a first-come, first-serve basis. Motion at 45 n. 20.

App. 79

Participate in the settlement. Linsey Decl. | 11 & Exh. 10.
Pilots who elected not to Participate retained the right to
pursue any LPP claims they had Previously filed in the
Continental bankruptcy. Rosen Decl. q 55.

On July 19, 1994, the bankruptcy court approved the
settlement agreement. Rosen Decl. Exh. 32. Subsequently,
the district court affirmed the bankruptcy court’s 1993
decisions holding that the LPp claim was, at most, a
general unsecured claim that could only be satisfied
through payment of stock and cash under Continental’s
reorganization plan. Rosen Decl. Exh. 33, In re Continental
Air Lines, No. 93-163 (D. Del. Nov. 29, 1995).

II. STANDARD OF REVIEW

Federal courts shall grant summary judgment when
NO genuine issue of material facts exists and the movant
is entitled to judgment as a matter of law. Fed. R. Civ. P.
56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S. Ct.
2548, 91 L. Ed. 2d 265 (1986). The Court must view all the
evidence in the light most favorable to the non-moving
Party. Samples ex rel. Samples v. Atlanta, 846 F.2d 1328, 1330
(11th Cir. 1988). All reasonable doubts as to the facts are
to be resolved in favor of the party Opposing summary
judgment. United States v. Four Parcels of Real Property, 941
F.2d 1428, 1437 (11th Cir. 1991).

While the burden on a party seeking summary judg-
ment is great, the Opposing party has a duty to present
affirmative evidence in order to defeat a Properly sup-
ported motion for summary judgment. Anderson v. Liberty
Lobby, Inc., 477 U.S. 242, 106 S. Ct. 2505, 91 L. Ed. 2d 202
(1986); Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115 (11th

App. 80

Cir. 1993). A mere sliver of evidence in favor of the party
opposing the motion, or evidence that is merely colorable
or not significantly probative, is insufficient to defeat a
properly supported motion for summary judgment.
Anderson, 477 U.S. at 252. Despite the presumption in
favor of the non-moving party, it must be borne in mind
that the purpose of Rule 56 is to eliminate the needless
delay and expense to the parties and to the Court occa-
sioned by an unnecessary trial. Celotex, 477 U.S. at 322-23.

III. COUNTS I AND II
a. The standard

In Counts I and II, Plaintiffs accuse Defendants of
defamation. Specifically, the Group I Plaintiffs allege that
Defendants - knowing Plaintiffs in Group I had not
crossed the picket lines until instructed to do so by ALPA
officers and the MEC Chairman - compiled, published,
and distributed a blacklist designating them “scabs.”
Complaint { 25. Similarly, the Group II and III Plaintiffs
accuse Defendants of compiling, publishing and distrib-
uting a “Blacklist” designating these Plaintiffs as scabs,
although the Defendants knew the strike had not been
authorized pursuant to ALPA’s Constitution and Bylaws.
Complaint { 28. The Court addresses both counts and
arguments collectively.!>

15 The Court assumes without deciding that Florida Rule of
Civil Procedure 1.170 does not bar the claims of those Plaintiffs
who were defendants in Air Line Pilots Ass’n v. Sabelsak, Case
No. 90-47218 (Fla. Cir. Ct. 11th Cir.) and Air Line Pilots Ass‘n v.
Schneemilch, Case No. 90-47219 (Fla. Cir. Ct. 11th Cir.).

App. 81

As a preliminary matter, the Court notes it has previ-
ously determined that the standard enunciated in Linn v.
United Plant Guard Workers, 383 USS. 53 (1966) and Old
Dominion Branch No. 496, National Ass’n of Letter Carriers v.
Austin, 418 U.S. 264 (1974), governs Plaintiffs’ defamation
claims. See Dunn v. Airline Pilots Ass'n, 836 F. Supp. 1574,
1580-81 (1993).16 Under this standard, Plaintiffs may
recover only if they can show that (1) the “scab” list was
false and (2) the list was published with actual malice,
defined as knowledge of its falsity or reckless disregard as
to whether it was true or false. Linn, 383 US. at 65; NLRB
v. Lummus Indus. Inc., 679 F.2d 229, 235 (11th Cir. 1982). In
addition, Plaintiffs must prove harm. Linn, 383 U.S. at 65.
The Court finds no record evidence that the description of
Plaintiffs as scabs was either false or that the list was
published with actual malice. As Plaintiffs have failed to
show a genuine issue of material fact exists as to either of
these elements, the Court will grant summary judgment in
favor of Defendants on Counts I and II.17

‘© The Court rejects Plaintiffs’ contention that the standards
of Linn and Letter Carriers do not apply. Plaintiffs argue this case
is distinguishable from Linn and- Letter Carriers because
Defendants’ actions allegedly occurred after the labor dispute
between Eastern and ALPA had come to an end. Response at
17-19. The Court has Previously rejected a similar argument.
Dunn, 836 F.Supp. at 1580-81. Furthermore, Letter Carriers
evinces a federal policy in favor of protecting a broad range of
union speech and debate, including that which is aimed at
shoring up support among union-represented employees. Letter
Carriers, 418 U.S. at 277-79: Dunn, 836 F.Supp. at 1581. Finally,
the Court notes the Defendants compiled the list and made it
available during the strike.

'7 Accordingly, the Court declines to address Plaintiffs’
allegations of harm.

App. 82

(b) Falsity

This Court has previously recognized that a “scab” is
one who works for less than union wages or on nonunion
terms. Dunn, 836 F.Supp. at 1581. Crossing a picket line
during a sympathy strike constitutes working on non-
union terms. Id. The parties do not dispute that on March
4, 1989, after reviewing the results of a pilot survey, the
Eastern MEC initiated a pilot sympathy strike by resolu-
tion.!8 This sympathy strike continued through Novem-
ber 22, 1989. At some point between March 4 and
November 22, Plaintiffs in Group I, II and III crossed
picket lines to work. Under these circumstances, the
Court concludes that all the Plaintiffs were accurately
described as scabs. Absent evidence that the allegedly
defamatory statement was false, summary judgment is
proper.

In an attempt to avoid summary judgment, Plaintiffs
argue the sympathy strike was not lawful because it was
not authorized by a membership vote, which Plaintiffs
maintain was required under ALPA’s Constitution and
By-Laws. Accordingly, Plaintiffs contend they cannot be

18 Plaintiffs’ argument that, despite this resolution, each
individual pilot could choose whether or not to honor the picket
line lacks merit. Plaintiffs rely on a May 1989 letter by MEC
Chairman Jack Bavis in which he states that “each pilot made an
independent decision” and that the “individual and
independent decision [has] remained under review by each
pilot and pilot family.” Response at 9. This statement merely
recognizes that pilots retain the legal right to choose not to
strike, despite their union’s directive. See Transworld Airlines,
Inc. v. Independent Fed’n of Flight Attendants, 489 U.S. 426, 436
(1989).

App. 83

scabs. This argument is without merit.!? Courts will
ordinarily uphold a union’s interpretation of its own
governance documents unless the interpretation is so pat-
ently unreasonable or implausible that it does not
deserve deference. Dow v. United Brotherhood of Carpenters
and Joiners of America, 1 F.3d 56, 58 (1st Cir. 1993). Absent
bad faith or special circumstances, a court should not
disturb an interpretation of a union constitution by union
officials, as well as interpretations of the union’s rules.
and regulations. Local 1052 of the United Brotherhood of

19 The Court also rejects Plaintiffs’ reliance on the
testimony of Captain Bavis during a preliminary injunction
hearing on March 7, 1989. Response at 6-7. While Captain Bavis
did refer to an “elective Process,” he did not testify that a
membership vote was a legal prerequisite to calling a sympathy
strike. Further, he also noted that the MEC had passed a
resolution to ballot the membership “in terms of their own
feelings over the question of honoring the picket line or not.”
Response, Exh. 8. This testimony is not inconsistent with
Defendants’ current position.

The Court similarly rejects Plaintiffs’ contention that a
March 3, 1989 telefax, sent to the ALPA membership instructing
pilots not to use the word “strike,” is evidence that Defendants
knew the strike was unauthorized. Response at 8; Response
Exh. 11. First, the telefax itself states “We are staging a sympathy
strike.” Further, at the time, Eastern had sued ALPA to enjoin
the union from Striking without exhausting resolution
mechanisms mandated under the Railway Labor Act. Eastern
argued that ALPA was engaged in a pretextual primary strike,
which required exhaustion of resolution mechanisms, rather
than a sympathy strike. Eastern, 710 F.Supp. 1342 (S.D. Fla.
1989). In the context of this on-going litigation, it is clear that
ALPA’s directive in the telefax was meant to emphasize that the
union was engaged in a sympathy strike. Accordingly, it does
not support Plaintiffs’ argument.

App. 84

Carpenters and Joiners of America v. Los Angeles County Dist.
Council of Carpenters, 944 F.2d 610, 613 (9th Cir. 1991).

Plaintiffs rely primarily on Article IV of the ALPA
Constitution, which states that approval of the MEC is
mandatory before a strike vote of the membership is
taken and that a strike vote must be by secret ballot.
Rosen Decl. Exh. 1 at 22. In addition, Plaintiffs point to
ALPA’s administrative manual which, under the subtitle
“Strike Benefit Policies,” states: “When the members of
an ALPA pilot group have elected to withdraw their ser-
vices, the Constitution and By-Laws . . . provide a means
by which assessments may be levied upon all ALPA
members in order to provide assistance to those members
engaged in a strike” (emphasis added). Rosen Decl. Exh.
2 at 5.

Defendants, on the other hand, refer the Court to
ALPA’s own interpretation of its Constitution and Strike
Policy, codified in 1966 in ALPA’s Administrative Manual
and reaffirmed in 1986 by ALPA’s Board of Directors. The
Administrative Manual provides: “the decision to honor
or not honor picket lines of other crafts shall be left to the
discretion of the President and the MEC of the carrier
involved.” Rosen Decl. { 11; Exh. 2 at 10.29 According to
Defendants, ALPA typically uses the procedures outlined
in Article IV of the Constitution to conduct formal mem-
bership votes in primary strikes. Rosen Decl. {{ 11-15.
ALPA has consistently interpreted its Constitution and
Strike Policy to authorize the MECs and ALPA’s president

20 In 1989, ALPA’s internal hearing board also has found
that the Eastern MEC was empowered to order its members to
conduct a sympathy strike under this interpretation.

DS SIRT Rca LI NER GE

App. 85

to conduct sympathy strikes, however, without a member-
ship strike vote. Id.; Motion at 62. With respect to Plain-
tiffs’ reliance on provisions of the strike benefit Policy,
Defendants correctly note that the policy does not
address the authorization of sympathy strikes. Further,
Defendants note that the word “elect” in the strike bene-
fits policy means “choose,” rather than “vote.” The Court
finds Defendants’ interpretation of its own governance
documents neither patently unreasonable nor implausi-
ble. Accordingly, the Court finds the sympathy strike was
lawfully conducted.

Plaintiffs also attempt to avoid summary judgment
by arguing that they do not fall within the definition of
the word “scab” because they crossed the IAM picket line
to fly, rather than to do the strikers’ work — that is,
machinists’ work. Response at 10. Their argument is
premised on Defendant Copeland’s testimony that he did
not consider himself a scab when he crossed a flight
engineers’ picket line in 1962 to fly for Eastern, because
he did not do the work of a flight engineer. Response at
11. However, this comparison is improper. When the
flight engineers struck Eastern in 1962, ALPA was not
engaged in a sympathy strike. Accordingly, this argument
also lacks merit.

Finally, Plaintiffs in Group I argue they were falsely
labeled scabs because MEC Chairman Bavis and repre-
sentatives of ALPA National advised them during a
Miami LEC meeting to return to work in August 1989.
Response at 14-16; Response Exh. 18 (interrogatory
responses of various pilots). A review of the record con-
firms that various ALPA and Eastern MEC officials

App. 86

voiced their view that the pilots should consider return-
ing to work. However, it is clear that these views ere
expressed in the midst of a continuing debate while the
strike was in place. It is also clear that, throughout this
debate, communications from ALPA indicated that the
strike was on-going. In fact, on August 5, 1989, the East-
ern MEC had voted unanimously to continue the sympa-
thy strike pending LEC meetings at each base to
determine whether the membership wished to continue
the strike. The Miami meeting was one of many LEC
meetings held between August 6 and August 9 at each
pilot base to discuss the strike. Viewed in that context,
the opinions of union officials voiced during a debate in
an LEC meeting cannot be construed as a directive from
ALPA instructing the pilots to end the strike, cross the
picket lines, and return to work prior to November 22,
1989. Accordingly, Plaintiffs’ argument cannot defeat
Defendants’ motion for summary judgment.

c. Actual Malice

As the Court has noted, Plaintiffs may recover only if
they can show that Defendants published the scab list
with actual malice — that is, knowing that it was false or
with reckless disregard as to whether it was true or false.
Linn, 383 U.S. at 65. The actual malice test is subjective, as
it focuses on the state of the Publisher’s mind at the time
of publication. Holbrook v. Harman Automotive, Inc., 58
F.3d 222, 226 (6th Cir. 1995).

The record contains no evidence that any of the
Defendants published the scab list with actual malice.

App. 87

First, Defendants testified that they believed the cross-
over pilots were accurately described as scabs because
they abandoned the sympathy strike to take the jobs of
striking pilots. Second, there is record evidence that
ALPA checked the accuracy of the list. For example, MEC
Chairman Bavis wrote to pilots on the list, giving them an
opportunity to object if they had been erroneously
included. Third, Defendants testified that they believed
the sympathy strike was lawfully conducted pursuant to
ALPA’s administrative manual.2!

Plaintiffs unsuccessfully attempt to avoid summary
judgment on this issue by raising the same arguments the
Court rejected with respect to falsity. Response at 19-20.
For the reasons previously stated, the Court finds these
arguments cannot defeat Defendants’ motion for sum-
mary judgment. Accordingly, the Court will enter sum-
mary judgment in favor of Defendants with respect to
Counts I and II.

IV. COUNT III
a. The Standard

In Count III, Plaintiffs allege that Defendant ALPA
breached its duty to fairly represent them by failing to
make good faith efforts to enforce LPPs contained in the
1986 ALPA/Eastern agreement. Complaint { 60. Speci-
fically, Plaintiffs maintain ALPA failed to enforce the

21 In fact, ALPA successfully brought formal internal
charges in 1989 against ALPA members who had crossed ALPA
picket lines during the strike. ALPA’s hearing board rejected
many of the same arguments Plaintiffs raise in their Response.

App. 88

LPPs in order to persuade pilots at Continental Airlines
to vote for ALPA as their bargaining representative in an
election mandated by the NMB. Complaint { 61.72

The United States Supreme Court has clearly identi-
fied the components of a union’s duty of fair representa-
tion. A union breaches its duty to fairly represent its
members if its actions are either arbitrary, discriminatory,
or in bad faith. Air Line Pilots Association, Int'l v. O'Neill,
499 U.S. 65, 67 (1991). This standard applies to all union
activity. Id. A union’s actions are deemed arbitrary if, in
light of the factual and legal landscape at reasonableness
as to be irrational. Jd. A union’s actions are discrimina-
tory if they are motivated by intentional and severe dis-
crimination that is unrelated to any legitimate union
objective. Motor Coach v. Lockridge, 403 U.S. 274, 301
(1971). Finally, a union acts in bad faith if there is sub-
stantial evidence of fraud, deceitful action, or dishonest
conduct. See Humphrey v. Moore, 375 U.S. 335, -348 (1964).

This Court is mindful of the Supreme Court’s directive
that any substantive examination of a union’s performance
“must be highly deferential, recognizing the wide latitude
that negotiators need for the effective performance of their
bargaining responsibilities.” O'Neill, 499 U.S. at 78. In
addition, because Plaintiffs’ allegations of misconduct
involve ALPA’s settlement of LPP claims with Continental

22 Initially, Plaintiffs also asserted ALPA had breached its
duty ‘of fair representation by failing [sic] make good faith
efforts to implement and apply its Merger and Fragmentation
Policy. Complaint J 60. However, Plaintiffs are no longer
pursuing this claim. Response at 38 n.10.

App. 89

Airlines, this Court must consider the strong policy favor-
ing the peaceful settlement of labor disputes. Id.

Plaintiffs contend that ALPA’s actions with respect to
the enforcement of the LPP provisions were arbitrary,
discriminatory and in bad faith. Plaintiffs maintain ALPA
deliberately delayed arbitration proceedings before Arbi-
trator Kasher because it was seeking the Continental
pilots’ vote in a representation election. The Court finds
no factual support in the record for this argument. First,
there is no evidence that ALPA stalled the arbitration
proceedings. At the prehearing conference on February 2,
1993, the Arbitrator noted that in order to convenience
him and also due to the voluminous information that was
needed, the arbitration proceedings would reconvene in
May 1993. In the interim, the bankruptcy court oversee-
ing continental’s reorganization plan issued two orders
which adversely impacted the Eastern pilots’ LPP claim.
In July 1993, a third adverse ruling followed. ALPA’s
decision to devote its energy and time to appeal these
rulings was rational and reasonable under the circum-
stances. Further, Plaintiffs have adduced no evidence that
this strategy was discriminatory or taken in bad faith.23

Similarly, ALPA’s decision to settle with Continental
was not arbitrary. The seftlement was prompted in part

*3 Plaintiffs also appear to Suggest that, during the
February 2, 1993 pretrial conference, ALPA’s failure to disclose
that it was “actively financing, orchestrating and preparing a
representation campaign at Continental” was evidence of
discrimination or bad faith. The record indicates, however, that
the National Mediation Board did not authorize the election
until April 9, 1993, and that ALPA did not resolve to begin a
representation campaign until April 13, 1993.

App. 90

by 1) three bankruptcy court rulings that adversely
impacted the Eastern pilots’ LPP claims and 2) ALPA’s
concern that Continental’s reserves for paying disputed
claims would be depleted by the time the LPP dispute
was finally adjudicated. Nor was the decision to settle
discriminatory or taken in bad faith. Although Plaintiffs
suggest that ALPA was influenced by its desire to prevail
in the Continental pilots’ representation election, the
sequence of events and the record evidence belies this
position. Settlement negotiations between Continental
and ALPA did not start until after the Continental pilots’
representation election had taken place. Rosen Decl.
{ 61.24 Indeed, the two parties did not reach a final
settlement until March 1994 - approximately eight
months after the Continental pilots had elected a union.”

Plaintiffs also suggest that ALPA’s efforts to enforce
the LPPs distinguished between Plaintiffs and full-term
striking pilots, favoring the latter.26 Response at 34. How-
ever, there is no evidence that ALPA distinguished
between one pilot group and another in pursuing the LPP
claims.?7

24 Although Plaintiffs appear to dispute this, they offer no
record evidence to support their position.

25 Accordingly, Plaintiffs’ reliance on ALPA’s publications
disseminated during the election campaign is misplaced. In any
event, the publications indicate no evidence of bias with respect
to the LPP dispute.

26 Plaintiffs rely on correspondence from ALPA that bears
no relevance on the issue of the Eastern pilots’ LPP dispute with
Continental. See Response Exh. 56.

27 For example, the settlement with Continental was
available to all Eastern pilots on the same terms.

App. 91

In conclusion, Plaintiffs have failed to produce any
evidence that ALPA’s actions with respect to the enforce-
ment of the Eastern pilots’ LPP claims — including its
ultimate decision to settle these claims with Continental -
was in any sense arbitrary, discriminatory, or in bad faith.

V. CONCLUSION

For the reasons stated in this Opinion, it is
ORDERED AND ADJUDGED as follows:

(1) Defendants ALPA, Duffy, and Babbitt’s Motion
for Summary Judgment is GRANTED:

(2) Defendants Copeland, Breen, Baldwin, and
Petachenko’s Motion for Summary Judgment is
GRANTED;

(3) Defendants shall submit a proposed final judg-
ment within ten (10) days from the date stamped on this
order.

DONE AND ORDERED in Chambers at Miami, Flor-
ida, this 28th day of July, 1997.

/s/ Edward B. Davis
. DAVIS
CHIEF UNITED STATES
DISTRICT JUDGE

ce: Myles J. Tralins, Esq.
Robert C. Josefsberg, Esq.
Robert T. Kofman, Esq.
James L. Linsey, Esq.
Stuart Goldstein, Esq.
Joseph S. Norman, pro se

App. 92

APPENDIX C

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

No. 97-5587

LARRY DUNN, TOM DUCKWORTH, et al.,
Plaintiffs-Appellants,
versus

AIR LINE PILOTS ASSOCIATION,
HENRY DUFFY, et al.,

Defendants-Appellees.

On Appeal from the United States District Court
for the Southern District of Florida

ON PETITION(S) FOR REHEARING AND PETITION(S)
FOR REHEARING EN BANC (Opinion __, 11th Cir.,
|, gee +” ER |

(Filed Dec. 17, 1999)
Before: TJOFLAT, DUBINA and HULL, Circuit Judges.

PER CURIAM:

The Petition(s) for Rehearing are DENIED and no mem-
ber of this panel nor other Judge in regular active service
on the Court having requested that the Court be polled
on rehearing en banc (Rule 35, Federal Rules of Appellate

App. 93

Procedure; Eleventh Circuit Rule 35-5), the Petition(s) for
Rehearing En Banc are DENIED.

ENTERED FOR THE COURT:

/s/ Frank M. Hull
UNITED STATES CIRCUIT JUDGE

ABs) ve, s

bee inh Wilnra S aaial y

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App. 94

APPENDIX D
LIST OF PARTIES

Airline Pilots Association

Jose A. Alvarez, Jr.
Ralph Anderson
George M. Andrews, Jr.
Thomas J. Angeletti

Francis C. Armstrong, III

William M. Atteberry
Matt Babayan
Randolph Babbit
James H. Baldridge, Jr.
Lewis Baldwin

Frank Baque, III
Patrick S. Barge
Bryant Barnes
William H. Barnes
David R. Bartlett
James H. Bauch
Ronald E. Beard
Donald G. Beattie
Robert L. Beels

Peter J. Behr

David A. Bell

Larry A. Bell

Dean A. Berghane
David S. Bergstein
Stephen Y. Bergstrom
Timothy N. Berwick
Peter J. Bialko

Bruce G. Bichan
Charles R. Bisgnano

Otis T. Blankenship, Jr.
Victor E. Blix, III
Dudley W. Boone
Piers R. Bramham
William M. Brandt
Dirk Bredthauer
Edward Breen

James D. Bridges
Paxton H. Briley
David L. Browning
Grant H. Brundage, Jr.
Charles C. Bryant
William D. Bundrant
Edward S. Buntin, Jr.
Ronnie L. Burkhart
David A. Burns
Richard E. Capon
George L. Carl

Bruce R. Carter

Bruce F. Chaille

Carl M. Champagne
James E. Chapo
Jonathan E. Charnes
Rafael E. Chirino
Anthony S. Christopher
Dennis J. Cirrotti
Francis X. Clark
Geoffrey B. Coe

John D. Cole

William F. Cole

John P. Compton
Carl Don Cook
Kenneth E. Cook
Jack D. Corbitt
Stephen B. Cotter
John R. Cowen
Wendell E. Crane
Cliff M. Craus
David B. Crawford
Kenneth P. Crow
James M. Crush
Thomas R. Curran
Edward M. Curtis
William F. Davidson
Gerald O. Davis
David J. Davison
Edward B. Davis
William P. Davoust
Maury A. Deming
John A. Devereaux
Randall L. Dickinson
George A. Dickman
C. Wayne Dixon
Gordon W. Dobson
Frank H. Doglione
Michael F. Donovan
Benny R. Doran
Thomas O. Duckworth
Henry Duffy
Charles P. Dundas
Larry J. Dunn

Rick A. Dunn

John P. Durante

App. 95

Gregory P. Durkin
Jerry D. Eastman
Joel Eaton

Kenneth A. Edwards
Ronald S. Egut
James C. Emery, Jr.
Warren L. Engelke
Gary M. English
Alan W. Erickson
Richard H. Evans
Thomas E. Fagan
Charles L. Fahn
Glenn E. Fant, Jr.
Jack H. Farenga
Earnest L. Farnsworth
Richard L. Farrell
Henry C. Faulkner, Jr.
John E. Feliu
Gerald Ferte

John D. Ficklen, III
Joel F. Fisher, III
Errol D. Forman
Douglas W. Forrest
Scott Forsberg
Kerry A. Foster
Robert W. Foster
James E. Fowells
Richard H. Francis
Bennie W. Frazier
Luis R. Freytes
Donald A. Fritch
Albert A. Fryling
John J. Fugedy

App. 96

Estan L. Fuller
Larry L. Gamel
Carrol J. Gary
Henry R. George
James D. Geraghty
Randall W. Gibson
James S. Glasgow
Martin F. Glennon
Barry W. Gorman
Ferdinand L. Grau
Gerald A. Green
Grant S. Green
David L. Greene
Gary J. Greksa
Arles A. Grenie
Donny E. Griffin
Roger P. Griggs
William V. Groff
Allen R. Gruetzner
George H. Gunn
John T. Gurl
Howard W. Hall
Diane M. Halloran
Fred C. Haney
Ronald G. Hanshaw
George F. Harn
James A. Harris
Robert J. Harriss
Joseph D. Hartley
James T. Hartman
Patrick R. Hassett
Gregory A. Hastings
Richard H. Heckenberger

Alan P. Heinrich
Robert R. Hessler, Jr.
Harvey W. Hiatt, Jr.
Mark Hicks
Raymond F. Higgins
James P. Hinsdale
William D. Hipps
Ben Hodgers
Janeral L. Holley
James W. Hooton
James W. Howard
William P. Howley
James R. Hughes, Jr.
Robert C. Huron
Culpepper Ingram
Brownie N. Inman
Fred H. Jackson, Jr.
Estate of |
Leonard Jacobowitz
Alfred A. Jaskewicz, Jr.
William H. Johansen
Charles T. Johnson
Gary M. Johnson
Leiand J. Johnson
Richard A. Johnson
Richard A. Johnson
Robert E. Johnson
William O. Jordan
Robert Josefsberg
Steven G. Kane
Theodore L. Kay
Ralph L. Keeler, Jr.
Jesse H. Kent

Nazir Khan

Richard A. Kingwell
Anthony F. Klopp
Estate of David Kluthe
Lawrence N. Kritcher
Gary E. Krotz

Hugo E. Kurtz

James R. Laine

John M. Lambie
Robert H. Lampke
George Landa
Donald J. Landry, Jr.
Franklin W. Lane
Gordon B. Lane, Jr.
William A. Langel
Lawrence E. Langer
Chauncey M. Lapp, Jr.
Richard C. Latham
Eugene F. Lavarello
Dennis A. Lazar
Robert G. Lea

Allan R. Lee

John G. Leonard
John A. Lewicki

Kurt M. Liebing
Anthony Lindner
Charles R. Link
Lawrence A. Link

Gustavo A. Lorenzo
Frank W. Love
Henry C. Lynn
Henry B. Lyter, Jr.
teven J. Malone

App. 97

William B. Mann, Jr.
- Jerry V. Marcinek
Edward H Marino
Robert W. Marshall
Norman A. Mathisen
Harold A. Matt, Jr.
Patrick M. Matthews
Peter J. Maugeri
Larry McCabe
John A. McCarthy
Kenneth L. McCartney
Spencer L. McConnell
James M. McCormick
David J. McKennan
Arthur T. McKeon, Jr.
John A. McLaughlin, Jr.
James D. McRae
Barry L. Meadow
James A. Means
Eduardo F. Mendez
Hector M. Merly
Donald K. Michael
Anderlin F. Mihalow
Terry Milanette
Charles A. Miller
Daniel P. Miller
Frank P. Miller
James A. Miller
William B. Miller, III
James V. Minardi
Paul R. Misencik
Edward Miskotten, Jr.
Don S. Mitchell

George J. Mittelstaedt
Robert E. Moffitt
Donald B. Moore

Roy E. Moore, Jr.
Frank J. Morrey
Edward H. Morrison
Carl F. Mosiener
Richard A. Munsterman
H. Martin Murray
Charles R. Musick, Jr.
Robert L. Nall, Jr.
Douglas C. Nelson
Ronald A. Ness

Peter G. Neumann
Leonard R. Nicchia
Ramon E. O’Neill
Joesph S. Norman
Donald H. Oberlander
Michael S. Olin
George K. Olsen
James F. Ouzts, Jr.
Frank G. Palermo
Douglas M. Palmer, III
Richard E. Parkinson
William J. Parr
Marcus L. Parramore
L. Trenton Pauley
Donald J. Peacock
Robert C. Peacon
David G. Perkins, III
Albert G. Perry, Jr.
Mark E. Peterson
Herbert W. Peterson, Jr.

App. 98

Joel Perwin

H. Phillips

Terry E. Phillips
Kent R. Pinkerton
Roger P. Pipkin
Martin H. Potter
Elisha T. Powell
Leonard R. Putonen
Tilak S. Ramaprakash
Fletcher H. Rawls, III
Warren J. Redd, Jr.
Charles D. Reeh

Karl M. Reik, Jr.
Ronald E. Reinholtz
Al Reitan

Frank L. Richards
Robert M. Ricketts, Jr.
Douglas J. Rogers
Bruce J. Ross
Thomas D. Ross
Jarib M. Sanderson, Jr.
Stanley Santiago
Detlef P. Sauer
David H. Savage
Donald N. Schanzlin
John R. Schedel
James A. Schrag
David O. Schriner, Jr.
Dale H. Schultheis
Eugene F. Secor
Gary W. Self

Hubert J. Sewell, Jr.
David Sharpe

Gary C. Shepard
John W. Shoun
Larry L. Shriver
Hussein H. Sidky
David L. Smith

Estate of Andrew C. Smith

Jack G. Smith
Samuel G. Spieker, Jr.
Carl S. St. Philip
Richard W. Standish
Donald H. Stanton
Roman L. Stevens
Donald E. Steward
Wayne M. Stewart
Arthur C. Stifel, III
Alan C. Stone

Cary A. Stone
Edward E. Stone
Raymond G. Stone, Jr.
Calvin E. Stow
James R. Strader

K. Wayne Stradley
Robert B. Street, Jr.
Donald. B. Strong
Michael W. Strus
Otto J. Stupka, III
John L. Sullivan
Robert F. Sullivan
Ennis C. Sullivan, II
Russell E. Sykes
John E. Syman
Dean H. Taylor
Robert A. Taylor

App. 99

Glyn M. Taylor, Jr.
Carlef A. Terkildsen
Brantley D. Tew, Jr.
Stephen C. Thompson
John B. Thomson, III
Kenneth A. Thornton
John W. Tibbetts
Oliver A. Toole, IV
James R. Townley, Jr.
Donald W. Trauger
Juan A. Trigo

David W. Tucker

J. Barry Turman

J. R. Turner

William C. Turnoff
Richard L. Unger
Michael T. Urso
Leon L. Van Hoosear
Ronald W. Vara
Stephen D. Vaughan
Charles H. Vesty
Gary W. Vice

Philip H. Vietmeyer
Rafael Villanueva-Diaz
William C. Voepel, Jr.
John E. Voudy

Joe D. Vrechek, Jr.
Thomas F. Walby
Tony W. Walker
Frank O Walther
Donald E. Warren
Allen K. Watt

James R. Weir

Allston E. Weller, Jr.

Roger D. Wengert
James B. West
Robert C. Westphall
Robert B. Whitaker
Robert L. White
Donald F. Whitley

App. 100

James R. Wilkie, Jr.
Jan C. Williams
Herbert P. Willis
Wesley A. Wingate
Dean S. Wright
Robert E. Zeng
Thomas J. Ziobro

bees wes ee ee ee ae ee

we ee

eT te a ee et ee ee

eo

App. 101

APPENDIX E
Plaintiff’s Exhibit 21
January 4, 1990
TO: The ALPA Hearing Board

Dear Member:

Transmitted herewith is a letter received from Captain C.
H. Copeland regarding charges brought by the Eastern
Airlines Master Executive Council against Captain John J.
Bavis.

Sincerely,

/s/ John A. Dodge
John A. Dodge, Staff

Coordinator
ALPA Hearing Board

JAD:ah
Enclosures

cc: L. D. Schulte
J. J. Bavis

TO: John Dodge

FROM: Skip Copeland

DATE: January 3, 1990

In response to a letter and conversation with Pat Murphy,
the Article VIII charges are being faxed to you for dissem-

ination to the Hearing Board. Please attach a copy of the
original Letter of Charges.

Thank you,

App. 102

Air Line Pilots Association
210 Madeira Avenue

Coral Gables, FL 33314
January 3, 1990

Capt. William A. Murphy, Chairman
ALPA Hearing Board

Air Line Pilots Association

1625 Massachusetts Ave., NW
Washington, D.C. 20036

Dear Captain Murphy:

I am in receipt of your letter of December 14, 1989, and ~
received on December 19, 1989, requesting additional
specific information in the matter of Capt. J.J. Bavis.

The EAL MEC became aware for the first time of possible
premeditated previous misconduct of Capt. Bavis on Sep-
tember 9, 1989. This information came to the Eastern
MEC in the form of a statement by an officer of the EAL
MEC, and alleges that Capt. Bavis did, in violation of
direction given by the EAL MEC, request, solicit, and
Participate in closed, or confidential meetings with cer-
tain members of management of Eastern Airlines Inc.,
and the Texas Air Corporation. Evidence indicates that
these meetings, which were Strictly prohibited by EAL
MEC Resolution, took place and were Participated in by J.
Bavis during the EAL pre-strike period, the sympathy
strike period and even after the recall of J. Bavis from the
office of EAL MEC Master Chairman.

Statements, in the first person, exist that allege, but are
not limited to, evidence that Capt. Bavis, intentionally
and with premeditation, attempted to personally under-
mine the EAL ALPA sympathy strike for the purpose of
promoting his personal agenda, hidden from knowledge

Be ut Agleste ht aay

App. 103

of the EAL MEC. These premeditated transgressions were
accomplished by J. Bavis in direct contradiction of the
EAL MEC, and the membership, who had voied over-
whelmingly in favor of continuing the strike activities
and maintaining the integrity of the picket line thereby
instilling confidence, as the resolve of the striking pilots
continued to be demonstrated.

Evidence exists that Capt. Bavis did, on August 6, 1989,

_ publicly advise the Eastern pilots to abandon their picket

activities and to return to work at Eastern, accomplishing
this traitorous act during a Council 18 Meeting to which
the striking Eastern pilots were listening via a system
wide audio transmission. This premeditated transgres-
sion was accomplished by J. Bavis without notice and in
direct contradiction to a unanimous resolution of the EAL
MEC which had been formerly adopted on August 5th at
an MEC Meeting. This act was a clear violation of the
ALPA Constitution and By Laws, Article VIII, Section 1A
1, 3 and 10.

Evidence exists that indicates that Capt. Bavis affected, or
attempted to affect, through direct contact with EAL
and/or Texas Air management, an agreement to return
the pilots to work. This was accomplished without the
advise or consent of the EAL MEC, its’ officers and mem-
bers. A properly constituted negotiating committee was
in place, but was not utilized or consulted in these mat-
ters. This was in violation of direction of the EAL MEC
and the ALPA Constitution and By Laws, Article VIII,
Section 1A, 1, 3, 9 and 10.

Evidence exists that the actions of Capt. Bavis, during
June, July and August, 1989 directly resulted in the

App. 104

destruction of the integrity of strike activities, mass
defections of striking pilots to scab status, assisting and
comforting Eastern and Texas Air management, and ulti-
mately the failure of what was an extremely effective
strike. These actions violated ALPA Constitution and By
Laws Article VIII, Section 1A, 1, 3, 5 and 10.

Charges in accordance with the ALPA Constitution and
By Laws were effected on December 5, 1989. Copies of
said charges were properly transmitted to Capt. Bavis via
certified mail on December 7, 1989. Receipt of the charges
were acknowledge by Capt. Bavis on December 12, 1989.

The allegations set forth in those charges were filed in a
timely manner in accordance with the ALPA Constitution
and By Laws.

Sincerely,

/s/ C. H. Copeland
C. H. Copeland
Master Chairman, EAL MEC

Enc: Letter of Charges
Receipt for Certified Mail

cc: J]. Bavis
L. Schulte
EAL MEC

[Receipt for Certified Mail Omitted In Printing]

App. 105

APPENDIX F
[LOGO] POINT-TO-POINT [LOGO]

A Communication from the President of the Air Line
PILOTS Association

Volume 2, Number 10 December 7, 1992

* * *

ALPA AND PRO-JUSTICIA: Myths and Realities

* * *

2. MYTH: The Eastern pilots relied on ALPA’s
promises in going out on strike and remaining on strike.
The Eastern pilots did ALPA’s dirty work by getting rid
of Lorenzo and then ALPA abandoned them.

REALITY: The Eastern pilots decided to strike to
take a stand against Frank Lorenzo, who was bleeding
their airline. They felt they had no alternative. This was
their decision, not ALPA’s.

Consistent with APLA’s structure of local autonomy
with national resources and support, ALPA supported the
decision of the Eastern pilots to strike. ALPA provided
extraordinary levels of financial and manpower support
to the Eastern strikers.

In August, 1989, ALPA National advised the Eastern
pilots to go back to work to protect their jobs. The Eastern
MEC, which had become dominated by those who are
now the leaders of Pro-Justicia, refused to go back to
work and stayed out until November, 1989. Nevertheless,
ALPA National continued its support of the strike effort.
When Eastern ceased operations, ALPA continued to

App. 106

fight for the Eastern pilots in bankruptcy court and fed-
eral court, in arbitration, and at the bargaining table,
ALPA convinced NWA, USAir, and UAL to hire
numerous EAL pilots, and negotiated a settlement with
the Eastern estate which will result in significant mone-
tary recovery for Eastern pilots.

* * +

ian gh Sik elas ass a i
Sati

App. 107

APPENDIX'G
EXHIBIT 1

THE SCABS OF EASTERN
OF
THE STRIKE OF ’89

“WHAT A MAN IS SPEAKS SO LOUDLY,
THAT I CANNOT HEAR WHAT HE SAYS”

Emerson

“IT IS BETTER TO DIE WHILE
STANDING ON YOUR FEET
THAN
TO BE LIVING ON YOUR KNEES -”

Emilio Zapata

ODE TO A SCAB

After God had finished the rattlesnake, the toad, and the
vampire, He had some awful substance left with which He
made a SCAB. A SCAB is a two-legged animal with a cork-
screw soul, a water-logged brain, and a combination backbone
made of jelly and glue. Where others have hearts, he carries a
tumor of rotten principles.

When a SCAB comes down the street, men turn their backs and
angels weep in heaven, and the devil shuts the gates of hell to
keep him out. No man has a right to SCAB as long as there is a
pool of water deep enough to drown his body in, or a rope long

enough te hang his carcass with. Judas Iscariot was a gentle-
man compared with a SCAB. For betraying his Master, he had
character enough to hand himself. A SCAB HASN'T!

App. 108

Esau sold his birthright for a mess of pottage. Judas Iscariot
sold his Savior for thirty pieces of silver. Benedict Arnold sold
his country for a promise of a commission in the British Army.
The modern strike-breaker sells his birthright, his country, his
wife, his children, and his fellow-men for an unfulfilled prom-
ise from his employer, trust or corporation.

— Jack London, 1915

NAME ALPA# EAL#
ABBOTT, GREGORY V. 72887
ABER, L. ARLAND. 71307
ACCARDO, PAUL A. 70909
ACHILLE, JOSEPH M. 254359 00167
ADAMS, ALFRED M. 36349
ADAMS, C.W. 368209 00272
ADAMS, JAMES B. 757989 00335
ADAMS, JOHN V. 37716
ADAMS, KEITH J. 762807 80347
ADAMS, R.G. 387183 00442
AGOSTINO, ROBERT W. 51548
AGUIAR, JONATHAN J. 20962
AKAM, GLENN L. 87391
AKBARYAR, BASMIR 17259
AKKARACH, PRADIT 207775
ALAVA, VICTOR P. 99594
ALBRIGHT, ROBERT J. 88109
ALBURY, C.D. 089334 00750
ALDRICH, WILLIAM H., III 43928
ALEWINE, W.M. 337766 00831
ALEXANDER, HAROLD G. 99588
ALEXANDER, MICHAEL W. 17260
ALEXANDER, P.M. 442251 01282
ALEXANDER, THOMAS E. 64137

ALEXANDER, WYATT H. 269746 00867

App. 109

ALFORD, JAMES W.
ALFORD, WAYNE L
ALLAN, GEORGE A.
ALLEN, C.D.

ALLEN, DENNIS
ALLEN, GERALD M.
ALLEN, R.P.

ALLEN, ROBERT J.
ALLEN, SCOTT D.
ALLEN, STEPHEN
ALLISON, DANIEL M.
ALMEYDA, EDUARDO J.
ALSBURY, DONALD E.
ALSUP, CLAUDE F.
ALVAREZ, J.

AMADOR, ROBERTO T.
AMEND, FRANK R., JR.
AMERICA, WILLIAM L.
AMERKAN, J.

AMINI, MEHDI
AMMONS, HENRY B.
ANDERSON, BRADLEY J.
ANDERSON, CHESTER P.
ANDERSON, DWIGHT D.
ANDERSON, JJ.
ANDERSON, NORMAN F.
ANDERSON, ROBERT W.
ANDERSON, RONALD R.
ANDRAOS, JOSEPH C.
ANDREWS, GEORGE, JR.
ANDREWS, ROBERT E.
ANDRUS, KENNETH L.
ANGELETTI, TJ.

ANGEL, WALTER H.

ANGLEMYER, RICHARD M.

ANGLIN, CHARLES D.
ANTCZAK, ART A.

327866

383125

313379
529073

414193

316091

693325
450023

353086
344341

402198

310151
295626

95120
99619
20189
00987
79711
17218
01040
43463
80349
79562
83387
86730
73069
1468

01484
99633
20781
64819
01554
41981
1551

20968
44041
01942
06442
29624
64119
72730
99603
01672
01841
44040
02089
20974
15670
01824
02178

App. 110

APFELBERG, R.
ARGUEZ, RICHARD A.
ARNOT, BRIAN A.
ARONOFF, MELVIN
ARONOFF, MICHAEL B.
ASEFI, ABDUL S.
ASHBROOK, LARRY J.
ASHCRAFT, BOYD L.
ASHLEY, G.M.
ATTERBURY, WILLIAM M.
AURINGER, R.L.
AUTRY, JERRY S.
AUZINE, STEVEN M.
AYSLWORTH, WILLIAM E.
AZAD, RAJA M.
BABAYAN, MUSTAFA G.
BACHRACH, MICHAEL S.
BAGLEY, GARY D.
BAHR, DONALD J.
BAILEY, RICHARD D.
BAIRD, CHARLES E.
BAKER, MICHAEL J.
BAKER, MICHAEL G.
BAKER, ROBERT L.
BALBIN, SERGIO
BALDONI, LUIS A.
BALDRIDGE, J.H.
BALDWIN, RICHARD L.
BALL, FREDERICK W.
BALL, GREGORY
BAQUE, FRANK
BARBER, FRANCIS M.
BARGE, PATRICK S.
BARKER, WILLIAM H.
BARNES, GREGORY R.
BARNES, HERMAN BRYANT
BARNES, WILLIAM H.

140186

447342
530493
643890
376624

333096

326827

351759

248815
338384

438465
338392
574871
357723

315010

02188
67626
15672
71535
21000
99466
72919
00108
02704
02823
02905
17405
44037
03051
40110
20717
81900
72731
43465
3268

20782
93727
37717
03487
71545
01285
03633
86729
79511
52594
04312
04027
04050
04014
46487
88110
04007

App. 111

BARR, DAVID J.
BARRERO, FRANCISCO E.
BARRETO, PETE
BARRIOS, J.V.

BARRY, T.G.

BARTLETT, DAVID R.
BARTLETT, LINDA B.
BARTON, THEODORE W.
BASCO, JOSEPH F.
BASILE, ROBERT
BASINSKI, MICHAEL J.
BASS, WAYLON T.
BASTIAN, ARTHUR L.
BATSON, WESLEY E.
BAUCH, JIM H.
BAUMAN, RICHARD L.
BAUMAN, ROBERT F.
BAXTER, GLEN W.

BAY, PHILIP E.

BAZAR, WILLIAM A.
BEACH, BURTON E.

BREACHLER, MICHAEL M.

BEACH, S.R., JR.
BEARD, R.E.

BEATTIE, DONALD G.
BEATY, GREGORY L.
BEAVERS, JAMES L., III
BECKER, DONALD A.
BECK, WOODROW W., JR.
BEELER, CRAIG A.
BEELS, ROBERT L.

BEER, L.B.

BEER, WILLIAM G.
BEGLAN, JOHN L.

BEHR, PETER J.

BELEMA, R.H.

BELL, D.A.

228387
451740
108886
434084

742163

338400

756007
358838

533794

189910

349837
321901
442376

373613
422766
348219
525303
342501
189464
237537
455527
373605

71538
21007
01287
07842
04056
04299
04313
88927
04608
80137
84255
4639

20973
04716
04741
69236
04785
56823
79110
79563
04991
20963
04989
05026
06187
69235
40108
65185
05131
05280
05282
05296
05284
05338
05346
09013
05456

App. 112

BELL, LARRY
BELLMAN, RICHARD L.
BELL, STILLMAN A.
BELL, THOMAS A.
BELMAN, LARRY J.
BELMA, RICHARD T.
BELTRAN, JORGE E.
BENECKE, KEVIN
BENNETT, BRYAN L.
BENSON, ROBBIE B
BENTLEY, WILLIAM C.
BERGER, HOWARD T.
BERGHANE, D.A.
BERG, JACK F.
BERGSTEIN, DAVID S.
BERGSTROM, STEVE Y.
BERKE, RICHARD A.
BERNET, ALLEN L.
BERRY, ALAN L.
BERRYMAN, LARRY W.
BERWALD, ERIC K.
BERWICK, TIMOTHY N.
BETZ, HANSJOERG R.
BHIM-RAO, JOHN
BIALKO, PJ.

BICHAN, B.G.
BIEBERSTEIN, JOHN R.
BIENIEK, CLARANCE R.
BIGGS, CLIFFORD G.
BIRCHWOOD, ESLIE S.

BIRMINGHAM, JAMES D.
BISGNANO, CHARLES R.

BJELKEVIG, RICHY A.
BJELLOS, DAVID M.
BJORK, RJ.
BLANCHARD, ALBERT J.
BLANKESHIP, OTIS T.

081927

446047

301689
446088
195594

453688

388199

440834

355081

336826

267609

745364

358820

624585
304931

263269

79560

05378
97497
06928
87158
59204
73070
70653
77810
38364
05889
06890
05883
80344
08894
71390
45877
83397
06022
29630
6061

45878
20965
06200
06213
06253
64825
69190
83388
17397
06459
37248
06592
06626
40121
06793

App. 113

BLANKESHIP, JOSEPH D.

BLAU, ROBERT B.
BLELLOCH, DAVID J.
BLESSING, PETER E
BLIGHT, GERALD L.
BLIZ, VICTOR E.
BOCKSTEIN, STEVE M.

BOHANNON, DAVID W.

BOISVERT, DONALD M.
BOLLINGER, FRED, JR.
BOLLWEG, GEORGE M.
BOMMA, FRANK
BOOHER, MARK A.
BOONE, DUDLEY W.
BORGEN, IVON A.
BORMANN, DAVID J.
BORSUM, LJ.

BORTH, JOHN E.
BOSCHERT, ELMER J.
BOTTOMS, WILLIAM C.
BOUCHE, ADRIAN M.
BOWDEN, THOMAS A.
BOWEN, PHILLIP K.
BOWLER, ROLAND K.
BOW, RICHARD L.
BOWSER, A.L.

BOYIAN, ARCHIE
BOYKIN, FRANK W.
BOZZY, E.P.

BRADLEY, RODERICK
BRAMMAM, PR.
BRANAM, EDDIZ L.
BRANDT, W.M.
BRATRUD, ED K.
BRAUM, RAINER H.
BRAUM, ROBERT L.
BRAY, LEE E.

510933

367813

847350

221226

224626

449629

329011

281170

342493

231506
358531

746917
434381

311548

58989
23605
15666
6950

37253
06968
46486
68209
83389
07414
59209
07580
83390
07844
29627
21002
07775
15668
41609
40111
26258
83348
86359
08190
83464
08194
64138
71540
08559
99585
08779
08810
08834
15669
99621
78820
08989

App. 114

BRAYTON, SCOTT R.
BREAKFIELD, JOHN E.
BREDTHAUER, DIRK

BRICENO, ANTHONY S.

BRIDGES, J.D.

BRIER, JOHN A.
BRIGGS, PAUL R.
BRIGHT, SAMUEL W.
BRILEY, PAXTON M.
BRINKER, J.R.
BRISCOE, ODIE, JR.
BRITTAIN, DOUGLAS P.
BRITTIN, R.E. (BOB)
BRITZIUS, ED K.
BROOKE, MELVIN L.
BROOKS, D.L.
BROWN, ALVIN M.
BROWN, BOYCE
BROWN, C.A.
BROWNE, CARLTON
BROWN, EDWARD M.
BROWN, HERB
BROWNIE, MARK S.
BROWNING, DAVID L.
BROWN, KIMBERLY
BROWN, RICHARD L.
BROWN, ROBERT L.

BROWN, ROLAND O., JR.

BROWN, RONALD B.

BROWN, WALTER R., JR.

BRUDER, JAMES A.
BRUNDAGE, G.H.., JR.
BRYANT, CHARLES C.
BRYANT, PAUL T.
BRYANT, WARD C.

BUCHANAN, EDWARD J.

BUCHANAN, M.E.

395350

300368
348672
322024
644179

349795
287144

225854
453712

446021

353763

277830

455543

79525
80345
86723
95121
09325
93898
99629
09335
09299
09269
9351

20966
09367
09373
71311
76009
45881
09763
08903
67879
67742

20712
07182
20718
09888
79226
80346
17557
45884
83391
10415
45050
87500
10608
15881
10749

be ni Ae > i ies

ee ad «

ee ee eee ee eee

App. 115

BUCHANAN, T.E.
BUEHLER, LAWRENCE J.
BUETER, T.M.

BUMPS, WILLIAM R.
BUNDRANT, WILLIAM D.
BUNTIN, E.S., JR.
BURCH, HAROLD R.
BURGGRAAF, DONALD K.
BURKE, C.R.

BURKE, K.

BURKE, JAMES P.
BURKE, MURRAY E.
BURKE, T.W.

BURKE, TIMOTHY E.
BURKHART, RONNIE L.
BURLACE, TOM J.

BURN, CHARLES

BURNS, CHARLES E.
BURNS, DAVID A.
BURNSIDE, HOBERT S.
BURNS, JAMES J.
BURRELL, PAUL
BURTON, KEITH H.
BURT, PAUL B

BUSSEY, WILLIE C.
BUTLER, DAVE S.
BUTTARS, MICHAEL L.
BUTTION, THOMAS R.
BUTTRAM, PHILIP
BUTTS, RONALD G.
BUSINSKI, RICHARD F.
BYERS, BRUCE W.
CABRERA, FRANCISCO E
CAIRNES, CARROLL B.
CAISON, STEPHEN E.
CALANTROPIO, MICHAEL
CALCAGNO, MARIO F.

333534
333526
351502
187260
238840
433060
184432
277046
590026

174375

804997

221622
455535

102442

234344

292599

264242

10659
36519
10827
93735
10959
10973
51551
99623
11069
41891
11330
11189
11079
11187
29617
11152

21003
17212
91708
11321
83393
69188
88103
11509
11720
17402
11707
78819
79717
11767
11787
670

12001
20969
41611
64107

App. 116

CALDWELL, GLENN T.
CALDWELL, QUINTON M.
CALHOUN, LELAND
CALLAHAN, ROBERT E.
CAMPBELL, C.E.
CAMPBELL, CARLTON C.
CAMPBELL, JAMES G.
CANADAY, DONALD F.
CANFIELD, THOMAS H., II
CANTRELL, WILLIAM L.
CAPOW, RICHARD E.
CARCAS, CARLOS N.
CARE, JAMES D.

CARL, GLL.

CARLSON, BRUCE E.
CARLSON, DAVID E.
CARNS, RONALD G.
CARON, KELLY J.
CARPENTER, MICHAEL S.
CARRERAS, CECIL J.
CARRINGTON, PAUL E.
CARR, RICHARD E.
CARR, THOMAS U.
CARTENSEN, AL M.
CARTER, BRIAN C.
CARTER, BRUCE R.
CARTWRIGHT, J
CARTWRIGHT, GARY A.
CASANOVA, JOSEPH E.
CASE, RICHARD E.
CASHATT, RICHARD E., JR.
CASIMIR, CHRISTY R.
CASTILLO, JAMES G.
CASSTRILLO, ANTON
CASTROMOVER, J.F,, JR.
CATCHINGS, DOUGLAS S.
CAUBLE, ROGER L.

440206

381558

329045
312561

279034
294363

679696
338020

242271
228056

442400

46681
12147
79724
93899
12330
72171
57284
20970
17222
88105
12717
97110
12754
12763
12782
80342
17403
13011
13076
17223
29619
43408
12862
13087
59201
71537
12632
73368
83394
86726
93892
99468
88108
64128
17608
69186
64129

Si Sai ee Tis Sead é ae Aha a

App. 117

CAUSEY, F.A., JR.
CAYLOR, ROBERT M.
CERRI, MAURIZIO C.
CHABOT, ALL., JR.
CHADWICK, C.R.
CHAILLE, BRUCE F.
CHAMBERLIN, LEONARD
CHAMPAGNE, CARL
CHAMPION, JOSEPH
CHANCEY, JOHN W.
CHANDLER, JAMES W.
CHAPMAN, ARTHUR C.
CHAPO, JIM E.
CHAPPELL, K.A.
CHARNNES, JONATHAN E.
CHEEK, RAY T

CHENEY, STEPHEN L.
CHILDS, ROBERT W.
CHIPRANY, THOMAS A.
CHIRINO, RAPHAEL E.
CHITTICK, MICHAEL L.
CHMURA, JEFFERY
CHORNOCK, BRUCE M.

CHRISTENSEN, HAROLD M.
CHRISTOPHER, ANTHONY S.

CHRISTOPHER, M.A.

CHUBALASHVILI, DAVID M.

CHURCH, DAVID E.
CHURCH, G.M.
CIEPLIK, TED K.
CIOMMO, WILLIAM J.
CIRROTTI, DJ.
CITRANO, MICHAEL A.
CLAPP, KENNETH M.
CLARK, BOB

CLARK, DOUG E.
CLARK, EDWARD T.

239699

192963
449678
545673

449702

395343
295873
294488
165282
403394

441626

379115
338426
758920
79898

373597

354365

164335

13940
95720
83395
14123
14334
14125
20971
13966
73295
69189
51948
14239
14190
14096
44036
14503
13797
20927
99470
14754
52593
95122
41975
14822
99639
14846
88931
99599
15131

45054
14964
14945
99473

15047
69185

App. 118

CLARK, FRANCIS X.
CLARK, JOSEPH

CLARK, JR, GILES
CLARK, WESLEY C.
CLARY, BONNIE K.
CLARY, MICHAEL R.
CLAYTON, TODD P.
CLAYTON, WILLIAM, III
CLEMANS, MICHAEL C.
CLEM, CLYDE
CLEMENCE, A.M.
CLEMENTS, F. PETER, JR.
CLEMMONS, THOMAS E.. JR.
CLENDENEN, WILLIAM M.
CLEVELAND, WILLIAM L.
CLOUTIER, RAYMOND D.
CLUBB, RUSS

COBB, J] W

COBB, KENNY D.

COBLE, D.R.

COCKEY, ROBERT M.
COCKRELL, GARY A.
COCUSO, DAVID J.

COE, GARY

COE, GEOFFREY B.

COLE, J.D.

COLEMAN, D.L.

COLE, MAX W.

COLE, W.F.

COLLIER, W.R.

COLLI, GUIDO

COLLINS, WILLIAM D.
COLTON, CRAIG S.
COMEAU, ALLEN R.
COMMANDER, JOHN B.
COMMEN, NIMAN
COMPTON, J.P.

528729

30891
612671
449769

441162
353771
436238

741645
168781

234419
750174

446112
609958
436956
431510
346445

344242
541078

440230

612325

App. 119

CONDER, WILEY E.
CONDON, ROBERT L.
CONFALONE, JAMES G.
CONNELL, EARLE W.
CONNELLY, P.A.
CONNOR, EDWARD H.
CONSER, ROBERT W.
CONSTANTINI, JOHN J.
CONTI, REGIS G.
CONVERSE, WESLEY G.
CONWAY, JAMES M.
COOK, CARL D. (DON)
COOK, K.E.

COOK, MICHAEL F.
COOK, RICHARD E.
COOPER, T.L.

COOPER, WILLIAM W
COPPINGER, THOMAS
CORBIN, DONALD Ww.
CORBITT, JACKIE D.
CORREA, L.C.
CORREARD, RONALD G.
CORREA, WILLIAM DAVID
CORTES, MARIO T.
CONSTANTINI, JOHN
COTTER, STEPHEN B.
COTTLE, CLARENCE R.
COTTRELL, ALTON W.
COUBAN, ROBERT S.
COURTRIGHT, DENNIS E.
COVAULT, L.E.
COWART, DAVID A.
COWART, JOHN A.
COWELL, HOWARD R.
COWEN, J.R.

COX, GLENN R.
COXHEAD, PETER C.

200568
337006
271833
235853

300921

320267
463000

227199

299784

237578

224840

449736

316414

238725

437426

410266

231977

16828
16834
16829
16881
16897
30907
16997
17992
69183
30908
99630
17178
17231
40109
57287
17392
87393
79561
41618
17742
57288
17798
81895
17886
17993
17974
83463
30910
18016
38368
18129
51563
18200
95721
18199
20997
18390

App. 120

COX, L.G.
COX, RODNEY B.
CRAFTON, MELVIN L.
CRANE, WENDELL E.
CRAUS, CLIFF M.
CRAWFORD, D.B.
CRAWFORD, JAMES H., JR.
CRAWFORD, P.A.
CREDNO, FRED

CREEL, RAYMOND L.
CREPPEL, JAQUES J.
CRISS, DANIEL R.
CRISTNA, C.

CROCKER, C.E.

CROSBY, DENNIS L.
CROW, K.P.

CROW, RICHARD D.
CROWTHER, BLAINE E
CRUNKLETON, JAMES A.
CRUSH, J.M.

CRUZ, LUIS

CULLIMORE, MICHAEL D.
CULLINGFORD, GLENN T.
CUMMINGS, ROBERT C., JR
CUNNINGHAM, KENNETH R.
CURRAN, T.R.

CURRENT, MICHAEL E.
CURTI, R.

CURTIS, EDWARD M.
CUTRER, JERRY P.
CYPHERS, MARK J.
CZEPIEL, KENNETH J.
D’AMBROSIO, JAMES A.
D’ANTONIO, JOSEPH J.
DAILI, NADER
DALRYMPLE, DAVID P.
DANIELS, LEWIS A.

190306
345371

377671
455493

329904
438150

642280
649731
383810
612333

349753
434639

315994
392233
211417

329110
449694

333005

18289
18319
70086
18499
52595
18551
18471
18541
41239
95123
20188
18887
79113
79113
19026
19080
72305
18974
19271
19260

99602
20191
19397
43925
19502
70095
19516
19547
19671
56822
81899
64130
71303
71100
70072
20071

App. 121

DANSKIN, KEITH M.
DARLING, PATRICK
DASTRANJ, MEHDI S.
DAVIDSON, DON JR

DAVIDSON, DONALD C.
DAVIDSON, KENNETH B.

DAVIDSON, WILLIAM
DAVIS, ALFRED
DAVIS, G.O.

DAVIS, N.G., JR.
DAVIS, HENRY C., II
DAVIS, JOHN E.
DAVIS, LEROY L.
DAVISON, DAVID J.
DAVIS, STEPHEN A.
DAVIS, WILLIAM R.
DAVOUST, WILLIAM P.
DAWKINS, C.R.
DAWSON, WARD R.
DAY, DENNIS A.
DEARMAN, B.C.
DECKER, CHRISTIAN F.
DECKER, GEORGE E.
DEEG, RAYMOND J. .
DEFOSTER, GARY A.
DELARIA, DAVID J.
DELIA, ALBERTO
DELIERE, R.C.
DELISLE, ALCIDE H.
DELORENZO, PAUL A.
DEMARET, RJ.
DEMING, M.A.
DENIKE, JAMES J.
DENISON, RICHARD D.
DENNIS, FRED
DENNISON, ROBERT: R.
DEPALMA, TED V.

433953

238246

449785

508267
446195

231530

353136
269670
229583
434399
231480
384487
168658
437384
661983

321976
229500

648709

20115
87390
23613
17610
20358
36369
20650
79524
20434
20658
44042
20522
23615
71101
40120
20597
34541
21064
20998
20999
21293
21463
69184
21495
44043
22067
97115
21679
22062
86727
21716
21754
40122
95725
21825
89780
23030

App. 122

DEPHILLIPS, FLOYD M.
DERBY, JACK A.
DERMISH, A.M.
DESCHLER, HANS P.
DESPRADEL, LUIS K.
DEVEREAUX, J.A.
DEVISSER, ADRIAN T.
DEWITT, WELDON G.
DENSNUP, PAUL W.
DIACHUK, WALTER O.
DIBICCARI, DONALD
DICKINSON, RANDALL L.
DICKMAN, GEORGE
DIENER, RANDALL A.
DILLMAN, DONALD F.
DILLON, JAMES E.
DILORENSO, RAYMOND G.
DION, JOSEPH F.
DISILVESTRO, ANTHONY R
DIXON, CARROLL W.
DIXON, HOWIE (H.V.)
DIZ, DAN D.

DOBSON, GORDON W.
DOERR, ROBERT
DOGLIONE, FRANK H.
DOLAN, E.T.
DOMINGUEZ, RAUL E.
DONAHUE, C.P.
DONGES, LINDSEY D.
DONNELSON, RANDY D.
DONOHUE, R.A.
DONAVAN, MICHAEL F.
DORAN, BENNY R.
DOROUGH, THOMAS A.
DOUGHERTY, RALPH A.
DREWES, BILL R.
DREWS, ROYAL A.

408963

356550

395251
329920
438309
187617
585729

661868
405274
188821

927517

770479
224139

367789
221630
319657
329763

529248
326819

App. 123

DUBEAU, KURT W.
DUCK, VERNON R.
DUCKWORTH, T.O.
DUFF, MICHAEL L.
DUKE, STANLEY D.
DUKIET, W.W.

DULANY, ROBERT O.
DUMLER, MARLIN A.
DUNCAN, DONALD W.
DUNDAS, C.P.

DUNLAP, W.C.
DUNMIRE, NIEL E.
DUNN, JOHN H.

DUNN, LARRY J.

DUNN, R.A.

DUNTON, JOHN M.
DURAND, WILLIAM H., III
DURANTE, JOHN P.
DUREPO, GARY A.
DURIKA, JOHN P.
DURKIN, GREGORY P.
DUSANG, WILLIAM S.
DYLONG, JOSEPH

EALY, ROBERT L.

EARL, ROBERT N.
EASTMAN, JERRY D.
EBERHART, MATTHEW M
EBSTEIN, LARRY
ECKERT, CHARLES R.
ECKHART, HOWARD S.
ECKLEY, JOHN A.
EDELEN, D.B.

EDLING, LEON K.
EDWARDS, HARELL R.
EDWARDS, KENNETH A.
EGGE, KENNETH L.
EGUT, RONALD S.

223925
392662

120782
446187

297796
329144
354001
436444
433086
609560

218651

242511
234534

433102
228288

437863

536656
328047
636423

20714
23714
23726
56826
23793
23825
17558
89781
72183
23997
24072
24066
24114
24113
24124
20964
32424
24258
15665
97121
97112
24356
24450
34542
24698
24547
32426
86140
57289
99605
99597
24703
24731
26260
24794
24921
24938

App. 124

EHAD, WIL.
ELDRIDGE, T.

ELFORD, J.P.

ELKINS, JERRY R.
ELLASON, DON T.

ELLIOT, A.M.

ELLIOT, E.B.

ELLIOTT, R.

ELLIS, JAMES R., JR.
ELMDAMAT, ROBERT
ELMORE, ALBERT R.
EMERY, J.C., JR.

ENGELKE, WARREN L.
ENGGREN, DONN
ENGLISH, GARY M.
ERDMAN, T.G.

ERICKSON, ALAN
ERICKSON, JOHN A.
ERVIN, SILVA

ESCOBAR, ALFONSO
ESPINOSA, CARLOS N.
ESTES, GARY L.

EVANS, DAVID L.

EVANS, HARRY

EVANS, RICHARD N.
FAGAN, T.E..

FAHN, CHARLES L.
FAIRWEATHER, HAROLD W.
FALCOM, RICARDO A.
FALLAVOLLITA, SAL

FANT, GLENN E., JR.
FARBOLIN, GREGORY J.
FARENGA, JACK M.
FARMER, MICHAEL
FARNSWORTH, EARNEST L.
FARNSWORTH, MICHAEL H.
FARRELL, RICHARD L.

297804
869974
632638
246132
541912
360008

446229
392241

224659
435545

528778
767210

434522
434860

245274

609578

456434
782185
441634

17410
25055
34543
51584
25121
25190
25134
73296
25315
81993
44039
25477
25544
51587
79731
25705
25753
20776

79729
44045
41895
25952
73297
26021
26383
26554
97111
57290
26398
72490
34545
26420
51604
26582
41892
26550

App. 125

FATOLAHI, ARJANG
FAULKNER, CLAY

FAY, T.L.

FEGGESTAD, D.R.
FELIU, J.E.
FENDERLANDER, W.G.
FENNELL, G.W.
FERNANDES, FRANCIS
FERREIRA, GRANT M.
FERTE, GERALD
FETZER, LESTER E.
FICAJ, ALEXANDER B.
FICKLEN, JOHN D., III
FILLER, R.E.

FINK, GARY L.
FINLEY, JOHN A.
FISCUS, MIKE

FISHER, D. ROSS
FISHER, JOEL F.
FISHER, JOEL, IV
FITZGERALD, JOHN H.
FITZGERALD, SEAN L.
FLEISHMAN, JOHN C.
FLETCHER, RONALD A.
FLOOD, CLIFF B.
FLORENCE, WALTER A.
FLYNN, R.W.

FOLEY, W. TERRY
FONG, GERALD W.
FONTANA, DWIGHT J.
FORAKER, THOMAS W.
FORD, ALLEN R.
FORD, BERNARD C.
FORESTO, JOE M.
FORGEY, RICHARD C.
FORMAN, B.D.
FORMAN, ERROL D

277062
453779
241083
443747
353219
528786

227397

242495

384826
312900

231886
686881
372847

333476
632125
132928
644237

503896

346718
414235

84258
26627
26671
26753
26811
26853
26891
83466
37710
27033
27137
34546
27155
27221
37720
99641
51946
24175
27461
27490
27585
99580
27735
27771
27866
83346
27997
68212
28043
57291
69353
68210
21004
17412
87505
28364
28370

App. 126

FORMAN, JAMES D.
FORREST, DOUGLAS W.
FORSBERG, SCOTT A.
FOSS, EDWARD L.
FOSTER, DEWEY D., JR.
FOSTER, J.V.

FOSTER, KERRY
FOSTER, ROBERT W.
FOTHERGILL, T.A.
FOWELLS, J.E.
FOWLER, GERALD J.
FOX, EDWIN C.

FOX, JEFFERY C.
FRAIOLI, GERALD
FRANCE, JEFFERY A.
FRANCIS, BRUCE
FRANCIS, R.M.
FRATER, KEVIN X.
FRAZEE, ALLAN R.
FRAZIER, B.W.
FRAZIER, DAVID R.
FREDRICK, PAUL E.
FREED, PHILIP P.
FRENCH, GUY B.
FRENCH, JERRY L.
FRETS, GLYNN
FREUND, R., III

FREY, SEWELL L
FREYTES, LUIS R.
FRICK, ROBERT A.
FRIED, STEVEN I.
FRITCH, DONALD A.
FRITTS, DALE

FROST, WAYNE BENJAMIN
FRYE, CARL W.

FRYE, JAMES M.

FRYE, TIMOTHY P.

442459
329169
279018
277814
329177
400390

242487
281162

412445

902403

418525
334755
368381
346353
440784
225060
185900

376681

134676

653253

21005
28448
83467
28572
28588
28605
28618
28564
28677
28767
29629
46538
86142
28903
99604
79710
28899
21006
64131
29091
93726
29173
29213
65182
44046
29291
41240
29351
29077
29471
46545
29466

20710
29646
58990
29447

App. 127

FRYLING, ALBERT A.
FRY, ROLAND J.

FUCHS, JOHN A.

FUGEDY, JOHN J.

FULLER, ESTAN L.

FULLER, FRANCIS J.
FULLER, JAMES D.

FULTON, ROBERT G.
FUTTERMAN, MICHAEL L.
GABBARD, CHARLES C.
GAEDTKE, MLL.

GAFFNEY, EDWARD P.
GALANTE, ANTHONY J.
GALLAGHER, MATTHEW M.
GALLOWAY, DWAYNE D.
GALLOWAY, FRANK D.
GAMEL, LAURY L.
GAQUIN, JOHN F.
GARBERT, PETER J.
GARCIA-VERGARA, HUMBERTO
GARCIA, CHRISTAIN
GARDNER, DAVID E.
GARRARD, SAMUEL L.
GARRECHT, CLARK P.
GARRETT, CHARLES C.
GARRICK, LANIE W.
GARRISON, ROYE C.

GARY, CARROL J.

GARZA, ERNESTO
GASTINEAU, N.E.
GATHERUM, STANLEY D.
GAZDA, RICHARD
GENTILE, FRANK M
GENTRY, RONALD C.
GEORGAKOPOULOS, ILIAS C.
GEORGE, HENRY

GEORGI, EMIL H.

287839
353177
355669
184317
433532
238139
210559

309153
521450

333468
348698
353201
330738

344382
348680
440776
764696

280701
443549

29651
29631
29657
37721
29750
97113
29748
43455
30001
30892
41897
30088
30164
30180
99476
95124
17442
34547
43456
64824
30893
83468
30515
30652
30627
30583
17462
30657
43457
30848
57508
31085
31350
37463
52620
45819
31379

App. 128

GERACE, JOHN A.
GERAGHTY, JIM D.
GERANT, JOHN G.
GERSCH, BARRY L.
GIANNONE, STEVE C.
GIBBONEY, P.L.

GIBBY, BRYCE D.
GIBSON, GERALD W.
GIBSON, PHILLIP J.
GIBSON, RANDALL W.
GILES, J.T., JR.

GILLES, MICHAEL P.
GILLIAM, A N
GILLIAM, JULIUS C.
GILL, KEVIN W.
GILMORE, JAMES C., SR.
GIOLITO, WILLIAM B.
GLASGOW, JS.
GLENNON, M.F.
GLODOWSKI, BERT E.

GLOSENGER, ELWOOD W.

GLOSSON, DAVID P.
GMYREK, EDWARD W.
GOACHEE, JAMES C.
GODFREY, JAY D.
GODWIN, LANE S.
GODWIN, RON
GOEBEL, RICHARD W.
GOLDMAN, DANIEL M.
GONZALES, CHARLIE
GONZALEZ, EDUARDO C
GONZALES, G.A.
GOOD, GREG D.
GOODSON, T.E.
GORDON, DONALD G.
GORMAN, B.W.
GORMAN, STEVE D.

384768

221143

353243
927756

316018

329201
367763

353789

329219

222935

358812
234930
513077

397768
329235

App. 129

GORMLEY, BERNARD J.

GORRIE, G.W.
GOUGE, PATRICK B.
GOVATOS, JOHN D.
GRAEBER, RAYNER N.
GRAFF, ROBERT S.

GRAFSTROM, BENGT G.

GRAHAM, DANIEL E.
GRAHAM, GARY W.
GRANT, GEORGE
GRANT, JOHN

GRASNUIS, ROBERT D.

GRASSIA, JOHN

GRAU, FERDINAND L.

GRAU, KARL J.
GRAVO, RICHARD D.
GRAY, DAN
GRAYELI, FARZIN B.
GREEN, CHARLES V.
GREENE, D.L.
GREENE; PETE
GREEN, GERALD A.
GREEN, GRANT S.
GREKSA, G].
GRENIE, ARLES A.
GRESHAM, JACK S.
GRIBAS, KENNETH C.
GRIESMAN, S.W.
GRIFFIN, D.E.
GRIFFIN, ROBERT B.
GRIFFITH, R.G.
GRIGGS, ROGER P.
GRIGORIAN, R.
GRIMM, LESLIE
GRINER, KENNETH F.
GROFF, WILLIAM V.
GROSENHEIDER, L.D.

344374

439596

439836

316042
442467
311365
342840
443242
367771
446278
443234
739896
384743
449892

581082
755298

546283
434621

83266
33065
17463
46539
33467
37465
64106
51662
33447
79732

33342
33462
33368
43459
93739
33354
93887
33639
33716
33636
20713
21010
33476
37466
33977
34551
34346
34243
41545
71172
34417
33946
79722
34320
34764
34845

App. 130

GROSS, GEORGE T.
GRUBBS, ROBERT E.
GRUETZNER, ALLEN R
GRULLON, ENRIQUE E.
GRZEGORZAK, S.K.
GUDDAT, STEWART A.
GUEITS, JOSE E.
GUERRA, HECTOR M.
GUFFIN, JULIAN F.
FUMA, JOSE
GUNDLACH, PS.
GUNDLACH, RONALD H.
GUNN, GEORGE H.
GURL, JOHN T.
GURTNER, NORBERT J.
GUSTAVSON, MARK L.
GUTIERREZ, HERMAN
GUY, GIDEON
GWYNN, GARY L.
HABLIG, HANS W.
HABY, CLIFFORD M.
HACKNEY, STEPHEN A.
HADLOCK, JERRY L.
HAGLE, JAMES M.
HAHN, TODD M.
HAIGHT, R.A.
HAIGLER, WAYNE W.
HALL, CONNIE M.
HALL, HARRY F.
HALL, HOWARD W.
HALL, JAMES C.

HALL, JOHN A.

HALL, LARRY M.
HALL, OLMOND LARRY
HALLOREN, DIAN
HALL, VANCE

HALL, WILLIAM G.

639443
603621
623983
407387

603753
340240

632695

356567

423798
155697

185983

527853

767442

608984
239830

57292
79899
43460
95727
34538
34994
35036
35124
43461
82708
41235
43462
35112
35147
20715
37467
52621
57293
35297
17466
95125
58992
59249
35487
15660
35582
35607
46934
35721
35669
83470
23603
35757
71302
70907
35728
35714

App. 131

HALOSZKA, DAN
HALPIN, WILLIAM
HAMBLIN, LEON H.
HAMEED, K.
HAMILTON, RANDY L.
HAMILTON, WALCOTT B.
HAMOND, STANFORD J.
HAMMON, THOMAS A.
HANCOCK, LANCE E.
HANEBUTT, BRIAN J.
HANEY, FRED C.
HANEY, RICHARD S.
HANLEY, DARL R.
HANNON, HARLAND N.
HANNON, JAMES H.
HANSEN, LISA B.
HANSEN, PHILLIP W.
HANSHAW, RONALD G.
HARBOUR, JERRY W.
HARLEY, HAROLD L.
HARMON, PAUL F.
HARNDEW, C.A.

HARN, GEORGE F.
HARPER, JAMES D.
HARRIS, D.A.

HARRIS, DAYLE M.
HARRIS, JAMES A.
HARRIS, M.M.
HARRISON, JOSEPH D.
HARRIS, R.J.

HARTLEY, JOSEPH
HARTMAN, E.D.
HARTMAN, JAMES T.
HARVEY, EDWIN J.
HARVEY, THOMAS R.
HASSETT, PATRICK R.
HASTINGS, DONNA S.

218669

443564

519975
358804

353250
587048

227165

367755
327908
338590
312918
289561
611905
609305

321984
768218
442475

73298
59203
35933
41898
68206
35911
37468
71173
97119
97116
71175
36096
36084
68205
99631
71176
36083
64109
59250
36817
79721
36718
36712
36723
36856
36987
36864
36876
97117
70906
71177
36917
08869
36946
17467
64117
37469

App. 132

HASTINGS, G.A.
HATFIELD, ERIC W.
HAUSWIRTH, JOHN A.
HAUTH, DAVID A.
HAWKINS, TOM

HAZEN, JAMES E.
HECKENBERGER, RICHARD
HEIDAMI, M.

HEINRICH, ALAN P.
HELSEL, RONALD W.
HELTON, DALE D.

HEM, NORMAN H.
HENDERSON, GARY T.
HENDERSON, JULIE K.
HENDERSON, MICHAEL D.

HENDRICKSON, RICHARD A.

HENNE, CRAIG M.
HENNESSEK, THOMAS A.
HENRIKSEN, MORTEN D.
HENRY, THOMAS C.
HERRINGTON, MICHAEL C
HERRSCRAFT, RONALD J.
HESSLER, ROBERT R.
HIATT, H.W.

HIBBARD, BARTON J.
HICKS, JOHN M.
HIGGINS, RAYMOND F.
HIGHTOWER, JOHN M.
HIGUERA, C.
HILGENDORF, RICHARD E.
HILLA, A.R.

HILL, BRIAN R.

HILLIS, EDGAR A.
HILLIS, ROBERT W.

HILL, WARREN B.
HILYARD, DAVE C.
HINSDALE, J.P.

582593

527820

311530

451807

311704

513093
479287

433169
322073
599977
446336

181180

220194

329243

37751
99582
37860
83471
73299
71178
38339
73366
38453
93888
38586
98490
15662
15663
59202
99632
23606
65704
15664
38814
39156
98489
39297
39373
39382
23607
39624
23608
39683
71533

46933
37249
79506
39795
68195
40003

gy j Ia ig a a a ae tl TS RO io eee ete NDE CES Sea ;
TARR SIP BEA CAL Sisk a agai aS ree ge as : NE os 3

App. 133

HINTON, EDWARD J.
HIPPS, WILLIAM D.
HIRSCH, WILLIAM J.
HIRSCH, ROBERT J
HISEL, LOUIS w.
HODGERS, BEN
HOFFMAN, BOB
HOFFMAN, GARY
HOLDCRAFT, C.T.
HOLLAND, DUANE Vv.
HOLLARN, THOM AS J.
HOLLEY, JAN

HOLUB, LORRI L.
HOOTON, JAMES w.
HOPKINS, JIMMIE B.
HOPP, DONALD E.
HORANA, ALFREDO
HORNE, WILLIAM F.
HOTTENSTEIN, DENNIS N.
HOUCK, D.R.

HOUSE, ROBERT L.
HOUSTON, J.L.
HOVERKAMP, GEORGE V
HOWARD, CARROLL M.
HOWARD, CHARLES
HOWARD, JAMES W.
HOWARD, L.A.
HOWARD, PAUL

HOWE, JOHN B.

HOWE, KEITH A.
HOWLEY, WILLIAM P
HUDDLESTON, DAVID wW.
HUDDLESTON, JAMES D.
HUDSON, C.V.

HUDSON, ROBERT E.
HUEBEL, JARED M.

171082
376673

329250
301960

210948

338582
281147

353813

449967
107879

412874

193524

223933

40011
40129
86141

40176
40369

73367
40680
71534
97118
44038
87159
41222
41356
60462

64132
71536
48630
71308
79714
43464
41777
7270

41749
41809
17471
64826
17472
41886
30896
81891
42182
17611
42188

App. 134

HUFFMAN, ROBERT L.
HUFFMAN, WS. |
HUGGINS, CLIFFORD E.

HUGHES, EDDINGS T,., JR.

HUGHES, J.W.
HUGHES, JAMES R., JR.
HUGHES, JAMES L.
HULSE, DOUGLAS D.
HUMPHREY, BRIAN F.
HUMPHREYS, FRANK J.
HUNTER, RICHARD I.
HUNTER, ROBERT E.
HUNT, HLL.

HUNT, LARRY E.
HURD, JERRY W.
HURLEY, JAY

HURON, ROBERT C.
HUSSAIN, GHULAM
HUTCHINSON, DAVID

HUTCHINGS, ROBERT A. |

HUTSON, ROBERT T.
HYDE, JAMES A.
HYDE, MICHAEL
IMAM, NAUSHAD
INGBER, A.L.
INGEBRETSEN, ROAR
INGHRAM, DENNIS R.
INGOGLIA, PHILLIP C.
INGRAM, C.F., II
INMAN, B.M.

INSUA, EDUARDO J.
IQBAL, SAFDAR
IRANIPOUR, FRAZIAN
IRELAND, RICHARD
IVEY, DAVID J.
JACKSON, ANDY C.
JACKSON, BARNARD D.

4358918
276998

228688 _

383646

338574

528612

364745
229922
265546

592840
617233
284919
453837

438341

30897
17612
84257
42320
42341
42288
30898
68193
42461
93891
42557
79559
42582
30899
80141
42777
42783
43466

42953
42958
43085
17473
58042
70908
43250
43309
43253
43278
37593
30900
72885
64120
98491
43430
41238
97120

App. 135

JACKSON, CHARLES W
JACKSON, FRED H.
JACKSON, WALTER I.
JACKSON, WELLS T.
JACOBOWITZ, LEONARD
JACOBS, DAN
JAKOVLSEVIC, DRAGAN
JAMESON, DONALD L.
JANKE, LARRY J.
JARRETT, MARK D.
JASKEWICZ, A.A.
JATTANSINGH, MOHANLAL
JENKS, JOHN O.
JENNINGS, HERSCHEL T.
JENSON, LOUIS KEITH
JOFFRION, STEVEN C.
JOHANSEN, WILLIAM
JOHNSON, BARRY W.
JOHNSON, C.T.
JOHNSON, CHARLES R.
JOHNSON, D. EDWARD
JOHNSON, EDWARD E.
JOHNSON, EUGENE E.
JOHNSON, FRED
JOHNSON, GARY M.
JOHNSON, GRANT S.
JOHNSON, JAMES A
JOHNSON, KARI
JOHNSON, LELAND J.
JOHNSON, PETER L.
JOHNSON, R.E.
JOHNSON, RICHARD A.
JOHNSON, RICHARD V.
JOHNSON, RICHARD A.
JOHNSON, ROBERT BARRY
JOHNSON, WILLIAM G.
JOHNSTON, ALBERT

390278
332932
332924

409680

446401
434902
334334

233759
592063
529552
277764
277095
294272
268482
517649
576702

385419
446393

304899

332916

345827

435261

43533
43530
43611
17613
43693
17521
79713
93893
43854
43980
44011
37250
17606
44180
23609
44408
44409
20774
44551
42470
44497
80431
99583
44629
44692
44717
78817
44730
44830
78818
44603
44676
99584
42471
44681
99586
45182

App. 136

JOHNSTON, PHILIP R 17607
JONES, BRETT W. 15671
JONES, GEORGE E. 68192
JONES, HERBERT W., JR. 99587
JONES, LYNN W. 70654
JONES, R.B. 314989 45316
JONES, STEPHEN D. 97122
JONES, W.D., JR. 233957 45446
JONES, WENDELL W. 201715 45450
JONES, WILLIAM G. 37251
JORDAN, W.O. 299875 45805
JORSEY, ALLEN 300830 45825
JORSEY, ALLEN, JR. 654319 45754
KALAITZIDIS, KOSMOS 29625
KALAJI, FEHMI 81893
KALANTSRI, FEREADOON 37252
KALISKY, PETER J. 93894
KAMIKAWARE, MOTOAKI J. 15667
KAMMER, FRANK B. 649434 73369
KAMRAD, KURT M. 603597 46162
KANE, STEVEN G. 578104 46176
KARMEL, MOSHE 81894
KARNOFSKY, KEITH M. 46488
KASTANES, GEORGE A. 36515
KATARIA, DILIP M. 36516
KATSTRA, ROBERT J. 230151 46307
KAY, T.L. 338558 46355
KAY, WAYNE D. 46489
KEAHEY, JACK R. 00663
KEANE, M.D. 76018
KEATING, WALTER J. 362814 46477
KEELER, R.L. 329292 46576
KEENAN, JOSEPH E. 23610
KEITH, DARRELL M. 41610
KELEHER, STEPHEN T. 64125
KELLEHRE, ZANK J. 46535

KELLER, C.R. 227041 46751

App. 137

KELLY, ALLAN J.
KELLY, DANIEL J.
KELLY, DONALD M.
KELLY, WILLIAM J.
KELONE, DAVID P.
KENDRICK, JUDSON R.

KENNEDY, CHARLES L.

KENNEDY, MICHAEL J.

KENNERLY, PATRICK D.

KENNING, DAVID G.
KENT, JESSE M.
KHAN, MAZIR
KHAN, ZEB

KHORSHIDCHEHR, JAHANBAKH
KHOSHLAFZ, ALEXANDER A.

KILIAN, CHARLES J.

KILLINGSWORTH, MICHAEL J

KIMMEL, KARL D.
KING, STAN

KINGSTON, KENNETH S.

KING, WAYNE E.
KINGWELL, R.A.
KITCHENS, ROBERT M.
KITCHENS, ROBERT E.
KLAY, JONNIE M.
KLEIGLE, R.P.

KLEIN, D.?.

KLOPP, ANTHONY F.
KLOTZ, KEVIN T
KLUTHE, D.B.
KNECHT, MARVIN J.
KNIGHT, RICHARD D.
KNOPP, S.M.

KNOX, MICHAEL F.
KOBLAS, JAMES J.
KOLL, ROGER L.
KOONTZ, WENDELL P.

353284
307967

616383

441659
880294

329300

234385
154617

182410
623587
337113

393108

208785

329318
529578

51666
95717
46801
46805
45876
46975
67738
36517
72172
79225
47096
59207
40112
68191
30905
47652
30906
29621
79719
89786
72173
48129
48431
20711
42472
48650
48513
48747
669

48760
87160
25089
48961
89787
49119
44330
36518

App. 138

KORBY, JAMES M.
KORCZYNSKI, E,J.
KOTLER, GIDEON
KOTSCHACK, OSSI

KOUWENHOVEN, HIENRICH J

KOWALSKI, ROBERT J.
KOZACK, GERALD W.
KOZIOL, ROBERT L.
KRAMER, MICHAEL
KRANKER, PETER L.
KRANTZ, ARON F.
KRAVNER, D.L.
KRASOWSKI, DONALD
KRIELOW, WAYNE A.
KRIEPS, R.N.
KRISSMAN, RUDOLPH R.
KRITCHER, L.M.

KROG, ANDREW =--
KROTZ, GARY E.
KRUAYAI, DICK
KUBECK, CANDALYN C.
KUNKEL, DENNIS JOSEPH
KUNTZ, ALBERT W.
KUROWSKI, LARRY
KURTZ, HUGO E.

KURZ, E.S.

LABERGE, R.M.
LADEWIG, GLENN A.
LAHAM, WILLIAM J.
LAINE, JAMES R.
LAING, RICHARD C.
LAMAUTE, LYONEL L.
LAMBIE, JOHN M.
LAMECKER, DENNIS R.
LAMOREAUX, CHARLES R.
LAMPKE, ROBERT H.
LANCIA, ANTHONY

357301

679522

188078

35300

756643
398677
398347

234328
319632

241117

421461
434928

453332

538231

433227

388819

29628
49459
87161
49527
40574
49566
67739
80433
23612
68190
49607

89783
95722
49810
95723
49819
49858
49868
73893
65790
95724
50048
48484
50086
50043
50158
50269
71312
50305
89784
76656
50407
99589
89788
50453
64820

App. 139

LANDA, GEORGE
LANDAN, CHARLES D.
LANDIS, DAVID M.
LANDRUM, WILLIAM A.
LANDRY, DJJ.

LANDRY, L.R.

LANE, ARNOLD Q.
LANE, BRADLEY

LANE, DAVID N.

LANE, DAVID G.

LANE, FRANKLIN W.
LANE, G.B.

LANE, ROBERT O.
LANGEL, WILLIAM A.
LANGER, LAWRENCE E.
LANGILLE, BLAKE C.
LANTZ, K.

LANTZ, WESLEY J.
LAPOINTE, JOHN G. °
LAPP, CHAUNCEY M., JR.
LARSEN, JOHN R.
LARSON, JAMES R., JR.
LASALLE, JEFFREY C.
LASKEY, CHARLES A.
LATHAM, EDWARD D.
LATHAM, RICHARD C.

LATHAM, WILLIAM C., JR.

LATORRE, JOSEPH G.
LAURIA, LOUIS J.
LAUZON, LAURENCE R.
LAVERELLO, EUGENE F.
LAWRENCE, CHARLES W.
LAWRENCE, STEPHEN E.
LOWSON, JOEL H.
LAWTON, ROBERT G.
LAZAR, DENNIS

LEABO, WALTER I.

450080

355065

312959

591560
434555
319137
344499

513101
677639

432872

632133

434936

285874

229625
337121

50460
46928
50541
51713
50499
86724
99634
20716
50502
50467
50524
50519
17522
50586
50660
89789
43851
66267
30909
50863
52770
81896
65788
45879
17523
51138
67741
20779
51213
65786
51266
31861
42473
80473
51365
51501
67743

App. 140

LEADBETTER, G.D.
LEA, ROBERT G.

LEARY, JAMES, W.
LEBOUTILLIER, DAVID
LECLAIR, ERNEST J., JR.
LEE, ALLAN R.

LEE, JAMES R.

LEE, JAMES M.

LEISSLE, JOHN J.
LEITNER, S.R.

LEMANN, W.B.

LEMAR, ROBERT B.
LEMBESSIS, THOMAS
LEMBO, GARY

LEMOI, WAYNE T.
LEONARD, JOHN G.
LEONARD, RICHARD C.
LEONHARDT, STEPHEN J.
LESLIE, GARY A.

LESLIE, JOHN V.

LEVY, DOUGLAS D.
LEVY, SIMON
LEWANDOWSKI, RAYMOND A
LEWICKI, JOHN A.
LEWIS, THOMAS H., JR.
LIDDELL, JOHN L.
LIDDLE, JAMES R.
LIEBERMAN, RICHARD M.
LIEN, LOWELL J.

LIMOR, NACHSHON H.
LINCOURT, RICHARD P.
LINDEN, BRIAN E.
LINDNER, ANTHONY
LINDSEY, LARRY
LINGLE, GEORGE W.
LINGNER, RICHARD F.
LINK, C.R.

267500

324186
427799
353326

52962

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386014_0741%3A1. Public record. Not legal advice.