Department of Transportation

Whitman v. Department of Transportation

Issues

Does the Civil Service Reform Act, which provides that that procedures established by collective bargaining agreements for redressing employment grievances serve as the "exclusive administrative procedures" available, preclude Federal employees from bringing actions in Federal court to redress grievances, even if the employee seeks equitable relief, such as an injunction against future drug tests, for claims that an employer violated an employee's constitutional rights?

 

Terry Whitman served as an air traffic controller with the Federal Aviation Administration for twenty years. Under FAA and Department of Transportation rules, Whitman and all other air traffic controllers were subject to random drug tests due to the "safety-sensitive functions" of their employment. From 1996 to 2002, Whitman was repeatedly subjected to such tests, even though the results were negative each time. He learned over the course of the years that he was required to take many more tests than his coworkers. Whitman felt that his employers were violating his constitutional right to privacy by using non-random searches, and Whitman wanted them to be stopped. He brought a suit in the Federal district court in Alaska seeking an injunction against further testing. The court dismissed his complaint, however, stating that under the Civil Service Reform Act, the Federal court had no power over his action, and that he had to use the proper administrative procedures under the Civil Service Reform Act to obtain the remedy he desired. The Ninth Circuit Court of Appeals affirmed the district court. Now the Supreme Court must decide whether under the Civil Service Reform Act, Federal courts are precluded from hearing grievances for which the Act has already provided an administrative grievance procedure.

Questions as Framed for the Court by the Parties

1.? Whether 5 U.S.C. ? 7121(a)'s provision that the negotiated grievance procedures of a federal collective bargaining agreement be "the exclusive administrative procedures" to resolve grievances precludes an employee from seeking direct judicial redress when he would otherwise have an independent basis for judicial review of his claims.

2.? Whether the Civil Service Reform Act, 5 U.S.C. ? 7101 et seq., precludes federal courts from granting equitable relief for constitutional claims brought by federal employees against their employer.

Petitioner Terry Whitman ("Whitman") was employed as an air traffic controller at the Federal Aviation Administration's ("FAA") Anchorage Air Route Traffic Control Center. Brief of the Petitioner at 8-9.

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Williamson v. Mazda Motor of America

Issues

If a manufacturer has installed one of two seatbelt options permitted under federal motor vehicle safety standards, can a citizen sue the manufacturer in state court for damages resulting from failure to install the other restraint option, or is the claim preempted by the federal law?

 

Delbert Williamson sued Mazda Motor of America after his wife died in a car accident while she was riding in their Mazda MPV minivan. Williamson claimed that Mazda was liable under state tort law for installing lap-only seatbelts, as opposed to lap-and-shoulder seatbelts, in the rear aisle seat where his wife sat during the crash. Mazda argues that Williamson’s state law claim is preempted by a federal regulation granting manufacturers the choice between lap-only and lap-and-shoulder seatbelts in rear aisle seats. The California Court of Appeal sided with Mazda and held that federal vehicle safety regulations preempted Williamson’s claim because the regulations conflicted with his state law claim. Williamson, however, contends that the Court should allow his state claim because it does not conflict with federal regulations, but rather furthers federal objectives of vehicle safety. The Supreme Court’s decision in this case will address the extent of preemption of state law claims by on-point federal regulations and in turn affect manufacturer liability under state tort claims.

Questions as Framed for the Court by the Parties

Where Congress has provided that compliance with a federal motor vehicle safety standard "does not exempt a person from liability at common law," 49 U.S.C. § 30103(e), does a federal minimum safety standard allowing vehicle manufacturers to install either lap-only or lap/shoulder seatbelts in certain seating positions impliedly preempt a state common-law claim alleging that the manufacturer should have installed a lap/shoulder belt in one of those seating positions?

On August 14, 2002 the Williamsons were driving in a 1993 Mazda MPV minivan through Utah. See Brief for Petitioners, Delbert Williamson, et al.

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Additional Resources

· Bloomberg Businessweek, Greg Stohr: Mazda Passenger Seatbelt Suit Gets U.S. Supreme Court Review (May 24, 2010)

· Torts Prof Blog, Catherine Sharkey: The Politics of Preemption: NHTSA, State Tort Law & Automobile Safety (Oct. 4, 2010)

· University of Denver Law Review, Andrea Ahn: Wyeth v. Levine: Moving Away from the Geier Trend

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