Joseph R. ALDENDIFER, Sam S. Bickford, Robert M. Powers, Appellants, v. CONTINENTAL AIR LINES, INC., Appellee

Three airline pilots appeal from the dismissal of their action brought under the Age Discrimination in Employment Act [ADEA], 29 U.S.C. § 621 et seq. We affirm.

Aldendifer, Bickford and Powers (the “Pilots”) worked for Continental Air Lines for approximately 35 years. They served for many years as Captain, or pilot-in-command. Continental's aircraft carry a three-person cockpit crew: a Captain; a First Officer (second-in-command or co-pilot); and a. Second Officer (third-in-command). FAA regulations, 14 C.F.R. § 121 .-383(c), prohibit certified commercial passenger airlines from using Captains or First Officers over age 60. This rule does not apply to Second Officers.

All Continental pilots “bid” for their choice of seat assignment (Captain, First Officer, or Second Officer), flight route, and aircraft model for every flight; the senior bidder prevails. In April 1976, just before their 60th birthdays, the Pilots each attempted to “downbid” for the position of Second Officer. Continental rejected their bids. The Pilots all reached age 60 in May 1976, and all were involuntarily retired on June 1, 1976, under pension plans designating age 60 as the “normal” retirement age.

The…