MORELL v. ERIE REGIONAL AIRPORT AUTHORITY, No. 1:2022cv00278 - Document 11 (W.D. Pa. 2023)
Court Description: MEMORANDUM OPINION. Signed by Judge Susan Paradise Baxter on 8/15/2023. (snc)
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MORELL v. ERIE REGIONAL AIRPORT AUTHORITY Doc. 11 Case 1:22-cv-00278-SPB Document 11 Filed 08/15/23 Page 1 of 10 Dockets.Justia.com Case 1:22-cv-00278-SPB Document 11 Filed 08/15/23 Page 2 of 10 Defendant's arguments for dismissal of Counts I and IV. Defendant subsequently filed a reply in supp01i of its motion [ECF No. 1 OJ. This matter is now ripe for consideration. B. Relevant Factual History1 Defendant is a municipal authority that operates the Erie International Airp o1i ("Airp ort") in Erie, Pennsylvania (ECF No. 1, at ,r 5). Plaintiff was employed by Defendant as a K-9 police officer at the Airport from April 2003 until he submitted a letter of resignation on April 21, 2021 (Id. at ,r 6). During his employment, Plaintiff worked with a K-9 partner named "Smoke," who was designated as an explosive ordinance detection K-9. (Id. at ,r,r 7-8). In connection with his services as a police officer, Plaintiff worked with his K-9 partner and was responsible for all aspects of his care. (Id. at ,r,r 14, 16). Because Defendant did not provide a kennel for K-9s, Smoke lived with and was cared for by Plaintiff in his provide home. (Id. at ,r 15). Since the majority of Smoke's care tasks could not be completed while Plaintiff was on duty at the Airport, ,r Plaintiff often spent off-duty time caring for the K-9. (Id. at 16). While employed by Defendant, Plaintiff was a member of the General Teamsters Local Union number 397, which entered a Collective Bargaining Agreement with Defendant that became effective January l, 2020 ("CBA"). (Id. at [ 10). The CBA provided for payment of overtime wages at the rate of one and one-halftimes an employee's hourly rate ofpay for all work performed in excess of 40 hours in a single work week, and two times the employee's hourly rate of pay for all work performed in excess of 50 hours in any work week. @. at ,r 12). Under the CBA, full-time K-9 police officers had a starting hourly rate of pay of $22.31 in 2020, and in 2021, the highest hourly rate ofpay for K-9 officers was $25.23. (Id. at ,r 13). The Court accepts as true all well-pleaded allegations of the Complaint, as is required for purposes of determining Defendant's motion. 2 Case 1:22-cv-00278-SPB Document 11 Filed 08/15/23 Page 3 of 10 Case 1:22-cv-00278-SPB Document 11 Filed 08/15/23 Page 4 of 10 Case 1:22-cv-00278-SPB Document 11 Filed 08/15/23 Page 5 of 10 Case 1:22-cv-00278-SPB Document 11 Filed 08/15/23 Page 6 of 10 Case 1:22-cv-00278-SPB Document 11 Filed 08/15/23 Page 7 of 10 Case 1:22-cv-00278-SPB Document 11 Filed 08/15/23 Page 8 of 10 Case 1:22-cv-00278-SPB Document 11 Filed 08/15/23 Page 9 of 10 Case 1:22-cv-00278-SPB Document 11 Filed 08/15/23 Page 10 of 10
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