Pan American World Airways, Inc. v. Division of Labor Law Enforcement of Department of Industrial Relations of California

Plaintiff aircraft company, which employs about 1,000 pilots throughout the country (300 of whom are based in California), has brought this action against defendant Division, seeking to restrain it from conducting an investigation and a hearing with respect to a dispute between plaintiff and the Airline Pilots Association (called Alpa).

There is no dispute as to the facts. On February 20, 1961, plaintiff company engaged in a dispute with its flight engineers as did most of the other airlines in the country. A three-day work stoppage occurred between February 21st and 24th. During this period, plaintiff placed its pilots on furlough. When they resumed work, they contended they were entitled to pay for the three-day period in accordance with a labor agreement then in existence and submitted as an Exhibit “A” to the complaint in the present action.

Initially, B. L. McLellan, Chairman of the Local Council of Alpa, filed a grievance pursuant to 45 U.S.C.A. § 154 , which section deals with the adjustment system provided for in the Railway Labor Act. 45 U.S.C.A. § 151 et seq.

Three weeks after filing a grievance under the procedure referred to above, McLellan asked fob an indefinite…