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Careflite v. Office and Professional Employees International Union, AFL-CIO

This case involves the scope of a grievance procedure set forth in a collective bargaining agreement between an airline and its pilots' union under the Railway Labor Act ("RLA"), 45 U.S.C. �151 et seq. The first question in this case is whether an airline pilot and his bargaining representative, the Professional Employees International Union ("the Union"), who claim that he was wrongfully discharged because he did not timely obtain an Airline Transport Pilot Certificate ("ATP") from the Federal Aviation Administration ("FAA"), may seek redress through the RLA's arbitral mechanism, or whether they must pursue other remedies for wrongful discharge, because the collective bargaining agreement explicitly provides that "termination of employment resulting from a pilot's failure to obtain an ATP within the time requirements of this section is non-grievable and non-arbitrable." The 5th Circuit concluded that the grievance concerning his discharge is not a dispute growing out of the interpretation or application of the collective bargaining agreement and, therefore, is not a grievance or dispute subject to the RLA's arbitral mechanism. 5th U.S. Circuit Court of Appeals, No. 08-10807, 07-15-2010

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Published opinion

Before DENNIS and ELROD, Circuit Judges.*fn1

This case involves the scope of a grievance procedure set forth in a collective bargaining agreement between an airline and its pilots’ union under the Railway Labor Act (“RLA”), 45 U.S.C. § 151 et seq. “The RLA, which was extended in 1936 to cover the airline industry, see Act of Apr. 10, 1936, ch. 166, 49 Stat. 1189; 45 U.S.C. §§ 181-188, sets up a mandatory arbitral mechanism to handle disputes ‘growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions.’” Hawaiian Airlines, Inc. v. Norris, 512 U.S. 246 (1994) (quoting 45 U.S.C. § 151(a)).

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