Jones v. Asso’n of Flight Attendants-CWA

Jones, a United Airlines flight attendant, was fired for misconduct. He sued his union, claiming that because of racial animus and his complaints about discrimination, the union had not fairly represented him, 42 U.S.C. 1981, 2000e-2(c), 2000e-3(a). As part of a settlement, the union agreed to challenge his discharge before the System Board of Adjustment. Jones agreed to dismiss his lawsuit with prejudice. The settlement does not provide for continuing federal court jurisdiction. Both signed a stipulation of dismissal (FRCP 41(a)(1)(A)(ii)). Two weeks later, Jones filed his first pro se submission: a two-sentence request to discharge Jones’s recruited lawyer and to return his suit to the district judge. Next, he asked that his lawsuit be reinstated and that a “default judgment” be entered against the union, although it was pursuing a grievance, as promised. Finally, Jones submitted his “motion to establish court’s jurisdiction.” The magistrate to whom the case had previously been assigned rejected all three for lack of jurisdiction. The Seventh Circuit dismissed, reasoning that Jones’s submission was not part of the litigation covered by the parties’ consents, so the magistrate did not have authority to issue a dispositive ruling. Jones was bringing a new lawsuit. The magistrate could dispose of that new action only if assigned by a district judge and the parties furnished new consents. View "Jones v. Asso'n of Flight Attendants-CWA" on Justia Law