UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION

_________________________________ 

 ) 

ELAINE CHAO, SECRETARY ) 

OF LABOR, ) 

 ) 

 Plaintiff, ) Case No. 4-05CV-338Y 

 ) 

v. ) Judge Terry R. Means 

 ) 

ALLIED PILOTS ASSOCIATION, ) Jury Trial Requested on All

 ) Issues So Triable 

 Defendant. ) 

_________________________________) 

ANSWER

 As and for its Answer to the Complaint in this case, the Allied Pilots 

Association (“APA”) alleges and states as follows: 

NATURE OF THE ACTION

1. The allegations of Paragraph 1 of the Complaint constitute assertions of 

law, to which no response is required. To the extent a response is 

required, the APA denies those allegations and specifically denies that 

this action is properly brought under the particular statute referenced or 

under any other source of law. 

JURISDICTION AND VENUE

2. The allegations of Paragraph 2 of the Complaint constitute assertions of 

law, to which no response is required. To the extent a response is 

required, the APA denies those allegations. 

 

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3. The allegations of Paragraph 3 of the Complaint constitute assertions of 

law, to which no response is required. To the extent a response is 

required, the APA denies those allegations. 

PARTIES

4. The APA admits the allegation of Paragraph 4 of the Complaint that 

Plaintiff Chao is the duly appointed Secretary of Labor, but denies the 

allegation that Plaintiff is authorized to bring this particular action under 

the statute referenced or on any other legal basis. 

5. The APA admits the allegations of Paragraph 5 of the Complaint. 

FACTUAL ALLEGATIONS

6. The APA admits the allegation in Paragraph 6 of the Complaint that it is 

a national labor organization engaged in an industry affecting 

commerce. The remaining allegations of Paragraph 6 constitute 

assertions of law, to which no response is required. To the extent a 

response is required, the APA denies those allegations. 

7. The APA denies the allegation of Paragraph 7 of the Complaint that it 

“purported” to act pursuant to its Constitution and Bylaws in conducting 

an election of officers and denies that that election was conducted solely 

on June 22, 2004. The APA admits that it conducted an election of 

officers pursuant to its Constitution and Bylaws. The remaining 

allegations of Paragraph 7 constitute assertions of law, to which no 

 

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response is required. To the extent a response is required, the APA 

denies those allegations. 

8. The APA admits the allegations of Paragraph 8 of the Complaint. 

9. The APA admits the allegations of Paragraph 9 of the Complaint. 

10. The APA lacks information sufficient to form a belief as to the truth of 

the allegation in Paragraph 10 of the Complaint as to when Hunnibell 

filed a complaint with Plaintiff and therefore denies that allegation. The 

APA, however, admits that Hunnibell at some point did file such a 

complaint. The remaining allegations of Paragraph 10 constitute 

assertions of law, to which no response is required. To the extent a 

response is required, the APA denies those allegations. 

11. The APA admits the allegations of Paragraph 11 of the Complaint. 

12. The APA admits the allegations of Paragraph 12 of the Complaint that 

Plaintiff investigated the allegations of the Hunnibell complaint and 

purported to find probable cause that violations had occurred. The APA 

denies that such probable cause or violations exist and denies the 

remaining allegations of Paragraph 12. 

COUNT I

13. The APA realleges and incorporates by reference the allegations set 

forth in Paragraphs 1-12 of this Answer, as if fully stated herein. The 

APA denies the allegations of Paragraph 13 of the Complaint in their 

 

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entirety and specifically denies that it violated the statute cited or any 

other source of law either in the way alleged or in any other way. 

14. The APA denies the allegations of Paragraph 14 of the Complaint in 

their entirety. 

PRAYER FOR RELIEF

The APA denies that Plaintiff is entitled to the relief requested or to any other 

relief. 

WHEREFORE, the APA asks this Court to: 

(a) dismiss the Complaint in its entirety and with prejudice; 

(b) award the APA its costs incurred, including attorneys fees, in 

defending this action; and 

(c) grant the APA such other relief as the Court may deem just 

and proper. 

AFFIRMATIVE DEFENSES

1. The Complaint fails to state a claim upon which relief may be granted. 

2. The Complaint is barred under the doctrines of waiver and estoppel. 

3. The Complaint must be dismissed because Plaintiff’s theory of the case 

conflicts with the agency’s own guidelines for conducting union 

elections. 

4. The Complaint must be dismissed because, although Plaintiff has the 

responsibility to do so, Plaintiff has declined to issue rules or guidelines 

 

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concerning electronic voting under the governing law; as a result, there 

are no applicable standards on which to base the instant suit. 

5. The Complaint is barred under the doctrine of selective enforcement. 

6. Even if a violation of the governing statute occurred, that violation did 

not affect the outcome of the election at issue. 

7. Plaintiff’s Complaint in this action impermissibly exceeds the scope of 

the complaint originally lodged with the APA concerning the election 

and subsequently brought to Plaintiff for investigation; therefore, this 

case fails for failure to exhaust intra-union remedies. 

Respectfully Submitted, 

s/ Sanford R. Denison 

SANFORD R. DENISON 

Texas Bar No. 05655560 

Baab & Denison, LLP 

Stemmons Place, Suite 1608 

2777 N. Stemmons Freeway 

Dallas, TX 75207 

(214) 637-0750; (214) 637-0730 FAX 

EDGAR N. JAMES* 

D.C. Bar No. 333013 

STEVEN K. HOFFMAN* 

D.C. Bar No. 384696 

DAVID P. DEAN* 

D.C. Bar No. 437030 

James & Hoffman, P.C. 

1107 17th Street, N.W., Suite 510 

*Application for Pro Hac Vice Washington, D.C. 20036-4704 

Granted (202) 496-0500; (202) 496-0555 FAX 

DATED: July 12, 2005 COUNSEL FOR DEFENDANT 

 ALLIED PILOTS ASSOCIATION 

 

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CERTIFICATE OF SERVICE

I hereby certify that on the 12th day of July, 2005 I electronically filed the 

forgoing document with the clerk of court for the U.S. District Court, Northern 

District of Texas, using the electronic case filing system of the court. The 

electronic case filing system sent a ANotice of Electronic Filing@ to the following 

attorneys of record who have consented in writing to accept this Notice as service 

of this document by electronic means: 

TAMI C. PARKER 

Assistant United States Attorney 

Burnett Plaza, Suite 1700 

801 Cherry Street, Unit 4 

Fort Worth, Texas 76102 

s/ Sanford R. Denison 

SANFORD R. DENISON 

 

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