Association of Flight Attendants, Cwa, Afl-Cio v. Mesa Air Group, Inc.

I. Background

AFA and Mesa are parties to two CBAs that ran through June 13, 2006. The CBAs set forth the parties’ rights and obli- gations with respect to the employment of AFA members by Mesa. Under an RLA-mandated process, the parties have been in negotiations and mediation to replace these CBAs. Until new CBAs can be agreed upon, the old CBAs have continued in effect, as mandated by Section 6 of the RLA. 45 U.S.C. § 156.

This case arises out of a dispute over the application of FAA regulations to the scheduling of flight attendants. The FAA has promulgated regulations limiting the allowable work schedules for various airline employees, titled “Flight Time Limitations and Rest Requirements,” or FARs. The regula- tions include FARs for flight crewmembers, 14 C.F.R. § 121.471 (“Pilot FARs”), and flight attendants, id. § 121.467 (“Flight Attendant FARs”). The Flight Attendant FARs per- mit an airline to schedule its flight attendants according to either the guidelines established in the Flight Attendant FARs or those in the Pilot FARs. Id. § 121.467(c).

During the duration of the CBAs, from 1995 through 2006, Mesa scheduled its flight attendants in accordance with the Pilot…