James Hendricks v. Airline Pilots Association, International and United Airlines, Inc.

Five United Airline pilots brought this action against their employer for breach of “contracts” by which the pilots agreed to work during their vacation periods in return for additional compensation; and against the Airline Pilots Association, their union, for breach of the duty of fair representation in negotiating a collective bargaining agreement that freed United of any obligation to perform these “contracts.” The district court granted summary judgment for United and the union. We affirm.

I

The union has represented United’s pilots in collective bargaining with the employer for over 40 years. In the spring of 1979 a strike curtailed hiring of new pilots, threatening to affect adversely both United and the union: United, because a shortage of pilots would preclude a projected expansion of its flight schedule and undercut its competitive position; the union, because failure to hire as many new pilots as planned would slow the anticipated rate of promotion and thus of salary increases.

In June 1979, the parties entered into a supplemental collective bargaining agreement to address the problem. The supplemental agreement noted United’s inability to meet its flying schedules…