Association of Flight Attendants v. Mesa Air Group, Inc.

Defendant Mesa Airlines (“Mesa”) appeals the grant of a preliminary injunction in favor of Plaintiff Association of Flight Attendants (“AFA”). AFA and Mesa are parties to collective bargaining agreements (“CBAs”) that have expired. They are now in the process of bargaining for new agreements. AFA brought this suit after Mesa changed the applicable Federal Aviation Administration (“FAA”) regulations (“FARs”) for its scheduling of flight attendants. Previously, Mesa had used those designed for flight crews; after the change, it used those designed for flight attendants.

AFA contends that the Railway Labor Act (“RLA”), 45 U.S.C. § 151 et seq., prevents Mesa’s unilateral change to the union’s status quo working conditions. It contends that its disagreement with Mesa over the change is a “major dispute” within the meaning of the RLA, and that it may therefore seek an injunction in federal district court against the change. Mesa contends that the terms of the parties’ CBAs permit it to make the change, and that its disagreement with AFA is a “minor dispute” within the meaning of the RLA for which the exclusive remedy is binding arbitration.

The district court held that the…