O'donnell v. Wien Air Alaska

551 F.2d 1141 95 L.R.R.M. (BNA) 2108 , 81 Lab.Cas. P 13,183 John J. O'DONNELL, as President of the Air Line Pilots Association International and the Air Line Pilots Association, International, an uncorporated association, Plaintiffs-Appellants, v. WIEN AIR ALASKA, INC., formerly known as Wien Consolidated Airlines, Inc., Defendant-Appellee. No. 76-1422. United States Court of Appeals, Ninth Circuit. April 6, 1977. Henry Weiss, Robert S. Savelson, Michael E. Abram, Cohen, Weiss & Simon, New York City, argued, for plaintiffs-appellants. John A. McGuinn, Farmer, Shibley, McGuinn & Flood, Washington, D. C., argued, for defendant-appellee. Appeal from the United States District Court for the District of Alaska. Before DUNIWAY, ELY and CHOY, Circuit Judges. ELY, Circuit Judge: 1 In this dispute between a pilots' union (ALPA) and an airline (Wien), the District Court granted summary judgment in favor of Wien, defendant below and appellee here, and dismissed ALPA's action. While we agree with the court's reasoning, we disagree with the disposition. Accordingly, we reverse and remand with directions. 2 By virtue of 45 U.S.C. §§ 181-85 (1970), labor relations in the air…