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Atlas Air Inc. v. Air Line Pilots Association

Reversing a grant of summary judgment to an airline and holding that the airline could not change a profit-sharing plan on the basis of the employees' election of union representation.

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The full case caption appears at the end of this opinion.

Sentelle, Circuit Judge: The cockpit crewmembers em-ployed by Appellee Atlas Air, Inc. elected to unionize, where-upon Atlas Air immediately terminated their participation in its profit-sharing plan. Atlas sought a declaratory judgment that its action was a legal modification of status quo employ-ment conditions under the Railway Labor Act (RLA), 45 U.S.C. s 151 et seq., and that Atlas was free to make further status quo changes pending the onset of collective bargaining. The Air Line Pilots Association, International (ALPA) filed a cross-claim charging that Atlas Air’s maintenance and execu-tion of a discriminatory anti-union policy violates RLA Sec-tion 2, Third and Fourth. The district court granted sum-mary judgment for Atlas Air on the grounds that the RLA does not require carriers to maintain status quo wages, work rules, or conditions of employment. See Atlas Air, Inc. v. ALPA, 69 F. Supp. 2d 155, 159 (D.D.C. 1999). The court further held that it lacked jurisdiction to hear Atlas’s second claim because it was insufficiently concrete. See id. at 164. ALPA and Atlas each appeal. Because the RLA prohibits carriers from interfering with, coercing, or influencing em-ployee decisions whether to unionize, we reverse and remand to the district court for further proceedings.

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