John Dilks v. Aloha Airlines, Inc., and Air Line Pilots Association, International, Applicant for Intervention-Appellant
Opinion
Opinion
Air Line Pilots Association International (ALPA) appeals from the denial of its motion to intervene as a party defendant in an action brought by John Dilks against Aloha Airlines, Inc. (Aloha) alleging wrongful discharge.
Dilks, an airline pilot, alleged, in his amended complaint, that Aloha violated the applicable collective bargaining agreement by constructively discharging him. Because contractual remedies normally are a bar to such a suit, Dilks further alleged that pursuing arbitration under the agreement. would have been futile because ALPA breached its duty of fair representation by refusing to help him regain his job. Dilks prays for reinstatement with seniority, and other relief.
ALPA claims the right to intervene as a “timely” applicant having
Since intervention is claimed as a matter of right, the denial is appealable. [Blake v. Pallan, 554 F.2d 947 , 951 n.5. (9th Cir. 1977)]
The motion to intervene was filed eighteen months after the filing of the complaint. Dilks contends that it was untimely; Rule 24 requires a “timely application”. Timeliness is a flexible concept. [Blake v. Pallan, supra, at 951-952] The district court has considerable discretion to assess…